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Full text of "North Carolina Register v.10 no. 6 (6/15/1995)"

IcrN l-'M'34'i ^^^Ia/(^ ^ 



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 6 • Pages 336 - 426 
June 15, 1995 



IN THIS ISSUE 

Executive Order 

Environment, Health, and Natural Resources 

List of Rules Codified 

RRC Objections 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



'iH'g^ ^S^ik^i--ir 
.£' 1 Bits '^-^l ^ g_, f^ 




This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published tu'ice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
Genera] Statutes. All proposed administrative rules and notices of 
pubhc heanngs filed under G.S. 150B-21.2 must he published in 
the Register. The Register will typically compnse approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each count)' m the state and to vanous state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and twenty dollars ($120.00) for 24 
issues. Individual is.sues may be purchased for ten dollars 
($10.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Admimstrative Heanngs, PO Drawer 
27447, Raleigh. NC 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

The foUouing is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutor}' authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the pubhc may 
request a hearing); a statement of procedure for pubhc comments; 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action; a reference to the statutory 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the pubhc 
heanng and at least 30 days must elapse before the agenc>' can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form pubhshed as part of 
the pubhc notice, until the adopted version has been pubhshed in 
the Nortli Carolina Register for an additional 30 day comment 
period. 

Vvlien final action is taken, the promulgating agency must file the 
rule vvith the Rules Review Commission (RRC). After approval 
by RRC. the adopted rule is filed wth the Office of Administrative 
Hearmgs (OAH). 

A rule or amended rule generalh- becomes effective 5 business 
days after the rule is filed with the Office of Admimstrative 
Hearings for puhhcation in the North Carohna Administrative 
Code (NCAC). 

Proposed action on rules ma\' be withdrawn b)- the promulgating 



agency at any time before final action is taken by the agency or 
before filing with OAH for pubhcation in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's wntten statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1, the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the cntena, the rule is returned to the agency. TTie agency may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it will remain 
with its imtial position. Tlie Codifier, thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporar)' rule is in effect for the penod specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporar>' rule is filed with 
the Codifier. 

NORTH CAROLINA AD^^NISTRATIVE CODE 

The North CaroUna Admimstrative Code (NCAC) is a 
compilation and index of the admimstrative rules of 25 state 
agencies and 40 occupational hcensing boards. Compilation and 
pubhcation of the NCAC is mandated by G.S. 150B-21.18. 

The Code is divided mto Titles and Chapters. Each state agency 
is assigned a separate titie which is further broken down by 
chapters. Title 21 is designated for occupational hcensing boards. 
The NCAC is available in Va'o formats. 

(1) Single pages may be obtained at a mimmum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Admimstrative 
Hearings. 

(2) The full pubhcation and supplement service is printed 
and distributed by Barclays Law Pubhshers. It is 
available m hardcopy, CD-ROM and diskette format. 
For subscnption information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 
Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issMtd on April 3, 1995. 



FOR INFORMATION CONTACT: Office of Admimstrative Heanngs, ATTN: Rules Division, PO Drawer 27447, Raleigh, 
NC 27611-7447. (919) 733-2678. FAX (919) 733-3462. 



NORTH CAROLINA 




IN THIS ISSUE 



I. EXECUTIVE ORDER 

Executive Order 78 . . 



Volume 1 O, issue 6 



June 15, 1995 



This issue contains documents officially 
filed through June 1, 1995. 



336 - 337 



II. PROPOSED RULES 

Environment, Health, and Natural Resources 

Health Services 350-391 

Wildlife Resources Commission 338 - 350 

III. LIST OF RULES CODIFIED 392 395 

IV. RRC OBJECTIONS 396 399 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 400 - 408 

Text of Selected Decisions 

92 DHR 1697 409-413 

94 EHR 0950 414-416 

95 ABC 0224 417 - 420 

VI. CUMULATIVE INDEX 422-426 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 

and 

Issue 

Number 


Issue 
Date 


Last Da\ 
for Fil- 
ing 


Last Da\ 
for Elec- 
tronic 
Filmg 


Earliest 

Date for 

Public 

Heanng 

15 days 

from 

notice 


- End of 

Required 

Comment 

Penod 

30 days 

from 

notice 


I ^st Da% 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


9:15 


11. 01. '94 


10 11 94 


10/18-94 


11/16/94 


12/01/94 


12/20/94 


02/01 '95 


9:16 


11 ■15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12'20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12'15/94 


11/22/94 


12/01/94 


12/30/94 


01-17-95 


01/20/95 


03/01/95 


9:19 


01/03/95 


I2/O8/94 


12/15/94 


01/18/95 


02 02 95 


02 '20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02 '20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15'95 


01 '25 '95 


02/01/95 


03/02/95 


03' 17/95 


03/20/95 


05/01/95 


9:23 


03 01/95 


02/08/95 


02/15/95 


03 /1 6/95 


03 -'3 1/95 


04/20/95 


06/01/95 


9:24 


03 '15 '95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01 /95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/ 18/95 


05/03/95 


05 '22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05 '02/ 95 


05/17/95 


05 22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05 16.'95 


05 '31 95 


O6/2O/95 


08 '01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14'95 


06/20/95 


08/01 /95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07 20'95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/I7'95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08-02-95 


08 ''21 '95 


100195 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08'21 95 


10 01 95 


10:9 


08-01/95 


07/11/95 


07/18/95 


08 16/95 


08/31/95 


09'20/95 


11 01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11 01 95 


10:11 


09/01/95 


08/1 1/95 


08/18-95 


O9/I8/95 


10 02 ''95 


10 20 '95 


12'01/95 


10:12 


09/15/95 


08 24'95 


08-31/95 


10-02-95 


101695 


10 20 95 


1201 95 



This table is published as a public: service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 SCAC 2B .0103 and the Rules of Civil Procedure. Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 

** The "EarUest Effective Date" is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the ne.xt calendar 

month. 



Re-.ised 10/94 



EXECUTIVE ORDER 



EXECUTIVE ORDER NO. 78 

NORTH CAROLINA HUMAN SERVICE 

TRANSPORTATION COUNCIL 

WHEREAS, the North Carolina Human Service Transpor- 
tation Council was established in 1991 to address problems, 
concerns, and opportunities regarding the provision of 
human service transportation and to make policy recommen- 
dations to the North Carolina Department of Transportation; 
and 

WHEREAS, the North Carolina Human Service Transpor- 
tation Council has led to increased cooperation among 
member agencies and increased coordination of local human 
service transportation; and 

WHEREAS, the North Carolina Human Service Transpor- 
tation Council has undertaken studies to facilitate the further 
coordination of human service transportation; and 

WHEREAS, the North Carolina Department of Transpor- 
tation (DOT), Department of Human Resources (DHR), 
Department of Environment, Health, and Natural Resources 
(DEHNR) and Department of Commerce (DOC) administer 
State and federal funding programs which may be used by 
local human service agencies to provide necessary client 
transportation services; and 

WHEREAS, the Genera! Assembly has appropriated funds 
for the Elderly and Disabled Transportation Assistance 
Program based on the assurance of cost-effectiveness 
provided by implementation of the local Transportation 
Development Plan; and 

WHEREAS, all human service transportation funds are to 
be expended in a manner consistent with the local Transpor- 
tation Development Plan; and 

WHEREAS, there is the need for the continued statement 
of policy on coordination of transportation resources and 
these state departments and agencies are in a position to 
facilitate the more efficient use of these resources. 

NOW, THEREFORE, by the power vested in me as 
Governor by the Constitution and laws of the State of North 
Carolina IT IS ORDERED: 

Section 1^ Establishment. 

The North Carolina Human Service Transportation 
Council ("Council") is hereby established. 

Section 2. Policy. 

A. Wherever practical, existing transportation resources, 
public and private, shall be utilized before any new re- 
sources shall be made available through public funds. 

B. The locally prepared and adopted Transportation 



Development Plan shall continue to be the means through 
which determination of the most cost effective and efficient 
use of transportation resources is made. 

C. To the extent that funds are available and equipment 
is used consistent with the local Transpwrtation Development 
Plan, DOT shall provide capital equipment for the provision 
of local human service transportation while the transporta- 
tion funds from other departments are used primarily for 
operating assistance. 

D. The State departments should cooperate in the forma- 
tion of, follow the policies, procedures and decisions of, and 
support the Human Service Transportation Council as 
described herein. Council representatives shall assist the 
Department of Transportation in encouraging local agencies 
to participate in transportation development planning efforts 
and in subsequent plan implementation, and to operate 
vehicles in a manner consistent with the local plan. 

Section 3^ Membership. 

(a) The Council shall be composed of representatives 
from the Department of Administration, DOT, DHR, 
DEHNR and DOC. The Secretaries of the respective 
departments shall determine those divisions to be repre- 
sented on the Council and shall appoint members in consul- 
tation with division directors. Representation shall include 
all divisions which administer federal and state funds used 
to provide human service transportation at the local level. 
Council appointees should be in pwlicy-making positions and 
have authority over subrecipient budget review and ap- 
proval. 

(b) Departments, agencies or programs which are outside 
the jurisdiction of the Executive Order are encouraged to 
join the Council and agree to adopt the policies, procedures 
and decisions of the Council. 

(c) The Deputy Secretary for Transit, Rail and Aviation 
of the DOT shall chair the Council. 

Section 4 Duties of Council. 

The Council shall have the following duties: 

(a) To implement human service transportation policy and 
apply criteria as developed by the Council; 

fb) To undertake studies to enhance the coordination and 
delivery of human service transportation services; 

(c) To advise and make recommendations to the DOT and 
other state agencies concerning human service transportation 
policy. 

Section 5. Administration. 



The DOT Public Transportation Division shall provide the 
administrative support for the Council. Members serve 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



336 



EXECUTIVE ORDER 



without compensation or expense reimbursement. tion Council. 

Section 6^ Effect on Other Executive Orders. This order shall be effective immediately. 

Executive Order No. 150 of the Martin Administration is 

hereby rescinded. The Council created herein shall be the Done in the City of Raleigh this the 23rd day of May, 

successor to that North Carolina Human Service Transporta- 1995. 



337 NORTH CAROLINA REGISTER June 15, 1995 10:6 



PROPOSED RULES 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rule cited as 15A NCAC lOB 
.0115. 

Proposed Effective Date: October 1 , 1995. 

A Public Hearing will be conducted at 7:00 p.m. on July 
13, 1995 at the Swain Co. Administration Bldg. , Mitchell 
Street, Bryson City, NC. 

Reason for Proposed Action: To restrict /prohibit shining 
lights upon and/or on deer in Swain County during desig- 
nated hours. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from June 16, 1995 through July 17, 1995. Such 
written comments must be delivered or mailed to the N. C. 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh. NC 27604- 1 1 88. 

Fiscal Note: TJiis Rule does not affect the expenditures or 

revenues of local government or state finds. 

CHAPTER 10 - Wn.DLIFE RESOURCES 
COMMISSION 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0115 SHINING LIGHTS IN DEER AREAS 

(a) It having been found upon sufficient evidence that 
certain areas frequented by deer are subject to substantial 
unlawful night deer hunting, or that residents in such areas 
have been greatly inconvenienced by persons shining lights 
on deer, or both, the shining of lights on deer in such areas 
is limited by Paragraphs (b) and (c) of this Rule, subject to 
the exceptions contained in Paragraph (d) of this Rule. 

(b) No person shall, between the hours of 1 1:00 p.m. and 
one-half hour before sunrise, intentionally shine a light upon 
a deer or intentionally sweep a light in search of deer in the 
indicated portions of the following counties: 

(1) Beaufort — entire county; 

(2) Bladen — entire county; 

(3) Brunswick — entire county; 

(4) Camden — entire county; 

(5) Chowan — entire county; 

(6) Currituck — entire county; 

(7) Duplin — entire county; 



(8) Franklin — entire county; 

(9) Gates — entire county; 

(10) Greene — entire county; 

(11) Hertford — entire county; 

(12) Hoke — entire county; 

(13) Hyde — entire county; 

(14) Jones — entire county; 

(15) Lenoir — entire county; 

(16) Martin — entire county; 

(17) Nash -- entire county; 

(18) Pamlico — entire county: 

(19) Pasquotank -- entire county; 

(20) Pender — entire county; 

(21) Perquimans — entire county; 

(22) Pitt — entire county; 

(23) Richmond — entire county; 

(24) Sampson — entire county; 

(25) Tyrrell — entire county; 

(26) Vance — entire county; 

(27) Wake — entire county; 

(28) Warren — entire county; 

(29) Washington — entire county; 

(30) Wayne — entire county. 

(c) No person shall, between the hours of one-half hour 
after sunset and one-half hour before sunrise, intentionally 
shine a light upon a deer or intentionally sweep a light in 
search of deer in the indicated portions of the following 
counties: 

(1) Alamance — entire county; 

(2) Alexander — entire county; 

(3) Alleghany — entire county; 

(4) Anson — entire county; 

(5) Ashe — entire county; 

(6) Aveiy — that portion south and east of Highway 
221: 

(7) Buncombe County — entire county; 

(8) Burke — entire county; 

(9) Cabarrus — entire county; 

(10) Caswell — entire county; 

(11) Catawba — entire county; 

(12) Chatham — entire county; 

(13) Clay — entire county; 

(14) Cleveland — entire county; 

(15) Cumberland — entire county; 

(16) Davidson — entire county; 

(17) Davie — entire county; 

(18) Durham — entire county; 

(19) Edgecombe — entire county; 

(20) Forsyth County — entire county; 

(21) Gaston — entire county; 

(22) Gran\'ille — entire county; 

(23) Guilford — entire county; 

(24) Halifax — entire county; 

(25) Harnett — entire county; 

(26) Henderson — entire county; 

(27) Iredell — entire county; 

(28) Johnston -- entire county; 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



338 



PROPOSED RULES 



(29) Lee — entire county; 

(30) Lincoln — entire county; 

(31) Macon — entire county; 

(32) McDowell — entire county; 

(33) Mecklenburg — entire county; 

(34) Mitchell - entire county; 

(35) Montgomery — entire county; 

(36) Northampton — entire county; 

(37) Orange County — entire county; 

(38) Person — entire county; 

(39) Polk — entire county; 

(40) Randolph — entire county; 

(41) Robeson County — entire county; 

(42) Rockingham — entire county; 

(43) Rowan — entire county; 

(44) Rutherford — entire county; 

(45) Stanly -- entire county; 

(46) Stokes — entire county; 

(47) Surry — entire county; 

(48) Swain — entire county; 

(49) (4*)Transy!vania - entire county; 

(50) f4^Union — entire county; 

(51) (50)Watauga — entire county; 

(52) (54^ Yancey — entire county. 

(d) Paragraphs (b) and (c) of this Rule shall not be 
construed to prevent: 

( 1 ) the lawful hunting of raccoon or opossum during 
open season with artificial lights designed or 
commonly used in taking raccoon and opossum 
at night; 

(2) the necessary shining of lights by landholders on 
their own lands; 

(3) the shining of lights necessary to normal travel 
by motor vehicles on roads or highways; or 

(4) the use of lights by campers and others who are 
legitimately in such areas for other reasons and 
who are not attempting to attract or to immobi- 
lize deer by the use of lights. 

Statutory Authority G.S. 113-134; 113-291.1; S.L. 1981. 
Ch. 410; S.L 1981 (Second Session 1982), Ch. 1180. 

Notice is hereby given in accordance with G.S. 
1508-21.2 timt the North Carolina Wildlife Resources 
CunuriLssion intends to amend rules cited as 15 A NCAC IOC 
.0404 and .0407. 

Proposed Effective Date: December 1 , 1995. 

Public Hearings will he conducted at: 
7:00 p.m. 

July 10, 1995 

Craven County Courthouse 

New Bern, NC 



7:00 p.m. 

July 11, 1995 

Bladen County Courthouse 

Elizabethtown , NC 

Reason for Proposed Action: To reduce mortality to game 
fish by requiring thai all fixed and drift gill nets be attended 
in designated waters of Hyde County and all counties of 
Wildlife District 2 and 4. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from June 16, 1995 through July 17, 1995. Such 
written comments must be delivered or mailed to the N. C. 
Wildlife Resources Commi.Ksion, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0400 - NONGAME nSH 

.0404 SPECIAL DEVICE HSHING 

(a) Bow and Arrow. The use of bow [as defined in 15A 
NCAC lOB .01 16(a)] and arrow as a licensed special device 
is authorized for taking nongame fishes at any time from all 
inland fishing waters other than impounded waters located 
on the Sandhills Game Land and designated public mountain 
trout waters. Unless specifically prohibited, bow and arrow 
may be used in joint fishing waters. It is unlawful to take 
fish with crossbow and arrow in any inland fishing waters. 

(b) Nets. Manually operated nets, including seines and 
bow, cast, dip, gill, drift and fyke nets may be used under 
the special device fishing license. 

(1) No fixed gill net or other stationary net which 
may be authorized as a special fishing device 
may be more than 100 yards in length, nor shall 
any such net be placed within 50 yards of any 
other fixed net. Fixed nets must be set so that 
they run parallel to the nearest shoreline, except 
in the Neuse, Trent, Northeast Cape Fear, Cape 
Fear, and Black Rivers and their tributaries. No 
anchored or fixed gill net or drift net shall be 
used unless such net is marked for the protection 
of boat operators. A net shall be deemed so 
marked when there is attached to it at each end 
two separate yellow buoys which shall be of 
solid foam or other solid buoyant material no 
less than five inches in its smallest dimensions. 
The owner shall always be identified on a buoy 
on each end either by using engraved buoys or 
by attaching engraved metal or plastic tags to the 
buoys. Such identification shall include one of 



339 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



the following: owner's N.C. motor boat regis- 
tration number, or owner's U.S. vessel docu- 
mentation name, or owner's last name and 
initials, 

(2) It is unlawful to attach gill nets to any wire, 
rope, or similar device extended across any 
navigable watercourse. 

(3) All fixed or drift gill nets must be attended when 
fished in the designated inland waters of Wildlife 
District \ (Bertie, B e rti e , Camden, Chowan, 
Currituck, Dare, Gates, Hertford, Hyde. Martin, 
Pasquotank, Perquimans, Tyrrell and Washing- 
ton counties), counties. Wildlife District 2 
(Beaufort, Carteret, Craven, Duplin, Greene, 
Jones. Lenoir, New Hanover, Onslow, Pamlico. 
Pender and Pitt counties) and Wildlife District 4 
(Bladen, Brunswick, Columbus. Cumberland. 
Harnett. Hoke, Robeson, Sampson and Scotland 
counties). Attended as used in this Rule, re- 
quires that fishermen be within 100 yards of all 
sets of nets at all times. 

(c) Traps. Baskets and traps, including automobile tires, 
may be used under the special device fishing license. Such 
devices when set and left unattended shall be affixed with a 
card or tag furnished by the license holder and upon which 
his name and address shall be legibly and indelibly in- 
scribed. No fish trap may exceed 60 inches in length or 30 
inches in depth or width. No lead nets, wing nets, or other 
device designed to guide or herd fish may be attached to the 
trap or used or set within 25 feet of the trap. 

(d) Spears. Manually operated gigs or under-water spear 
or harpoon guns may be used under the special fishing 
device license in the inland waters having a season for their 
use specified in Rule .0407 of this Section. 

(e) Crab pots. Persons owning property adjacent to the 
inland fishing waters of coastal rivers and their tributaries 
are permitted to set two crab pots to be attached to their 
property and not subject to special device license require- 
ments. 



Statutory Authority G.S. 
113-292. 



113-134; 113-272.2; 113-276; 



.0407 PERMITTED SPECIAL DEVICES AND OPEN 
SEASONS 

Except in designated public mountain trout waters, and in 
impounded waters located on the Sandhills Game Land, 
there is a year-round open season for the licensed taking of 
nongame fishes by bow and arrow. Seasons and waters in 
which the use of other special devices is authorized are 
indicated by counties below: 

(1) Alamance: 

(a) July 1 to August 31 with seines in Alamance 
Creek below NC 49 bridge and Haw River; 

(b) July 1 to Jiuie 30 with gigs in all public waters; 

(2) Alexander: July 1 to June 30 with traps and gigs 
in all public waters; and with spear guns in Lake 



(3) 



(4) 
(a) 



(c) 



(5) 



(6) 
(a) 



(b) 



(7) 
(a) 

(h) 



(8) 
(a) 



(b) 

(c) 

(9) 
(a) 

(b) 



(10) 



Hickory and Lookout Shoals Reservoir; 

Alleghany: July 1 to June 30 with gigs in New 

River, except designated public mountain trout 

waters; 

Anson: 
July 1 to June 30 with traps and gigs in all 
public waters; 

December 1 to June 5 with dip and bow nets in 
Pee Dee River below Blewett Falls Dam, and 
with gill nets in Pee Dee River below the lower 
end of Goat Island; 

July 1 to August 31 with seines in all running 
public waters, except Pee Dee River from 
Blewett Falls downstream to the Seaboard Coast 
Line Railroad trestle; 

Ashe: July 1 to June 30 with gigs in New River 

(both forks), except designated public mountain 

trout waters; 

Beaufort: 
July 1 to June 30 with traps in the Pungo River, 
and in the Tar and PamJico Rivers above Nor- 
folk and Southern Railroad bridge; and with gigs 
in all inland public waters; 
December 1 to June 5 with dip and bow nets in 
all inland public waters; with attended drift gill 
nets in Tar River upstream from the Norfolk and 
Southern Railroad bridge at Washington to the 
Pitt County line; and with attended gill nets in 
all other inland public waters, except Blounts 
Creek. Chocowinity Bay, Durham Creek, Mixon 
Creek and Nevil Creek and their tributaries. 

Bertie: 
July 1 to June 30 with traps in the Broad Creek 
(tributary of Roanoke); 

December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in all inland public waters; 

Bladen: 
December 1 to March 1 with attended gill nets 
in all inland public waters, except Jones, Salters, 
White, Singletary and Baytree (Black) Lakes; 
December 1 to May 1 with attended gill nets in 
Black River; 

December 1 to June 5 with dip and bow nets in 
Black River; 

Brunswick: 
December 1 to March 1 with attended gill nets 
in all inland public waters, except Waccamaw 
River and its tributaries; 

December 1 to May I with dip, bow, and at- 
tended gill nets in Alligator Creek, Hoods 
Creek, Indian Creek, Orton Creek below Orton 
Pond. Rices Creek, Sturgeon Creek and Town 
Creek; 

Buncombe: July 1 to June 30 with gigs in all 

public waters, except designated public mountain 



10:6 



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June 15, 1995 



340 



PROPOSED RULES 



trout waters; 

(11) Burke; 

(a) July 1 to August 31 with seines in all running 
public waters, except Johns River and designated 
public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and spear 
guns in all public waters, except designated 
public mountain trout waters and Lake James; 

(12) Cabarrus; 

(a) July 1 to August 31 with seines in all running 
public waters, 

(b) July 1 to June 30 with traps and gigs m all 
public waters, 

(13) Caldwell; July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except designated 
public mountain trout waters; 

(14) Camden: 

(a) July 1 to June 30 with traps in all inland public 
waters; 

(b) December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in all inland public waters; 

(15) Carteret; December 1 to June 5 with dip, bow, 
and attended gill nets in all inland public waters 
except South River and the tributaries of the White 
Oak River; 

(16) Caswell; 

(a) July 1 to June 30 with gigs in all public waters; 
(h) July 1 to August 31 with seines in all running 
public waters, except Moons Creek; 

(c) July 1 to June 30 with traps m Hyco Reservoir; 

(17) Catawba; 

(a) July 1 to August 31 with seines m all runnmg 
public waters, except Catawba River below 
Lookout Dam; 

(b) July 1 to June 30 with traps, spear guns, and 
gigs in all public waters; 

(18) Chatham: 

(a) December 1 to April 15 with dip and gill nets in 
the Cape Fear River, Deep River, Haw River 
and Rocky River (local law); 

(b) July 1 to August 3 1 with seines m the Cape Fear 
River, and Haw River; 

(c) July 1 to June 30 with traps in Deep River; and 
with gigs in all public waters; 

(19) Cherokee: July 1 to June 30 with gigs in all 
public waters, except designated public mountain 
trout waters; 

(20) Chowan: 

(a) December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in all inland public waters, 
except Bennetts Mill Pond and Dillard Pond; 

(b) July 1 to June 30 with traps in all inland public 
waters, excluding public lakes, ponds, and other 



impounded waters; 

(21) Clay: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 

(22) Cleveland: 

(a) July 1 to August 31 with seines in all running 
public waters; 

(b) July 1 to June 30 with gigs, traps and spear guns 
in all public waters; 

(23) Columbus: 

(a) December 1 to March 1 with attended gill nets 
in all inland public waters, except Lake 
Waccamaw and its tributaries and Waccamaw 
River and its tributaries; 

(b) December 1 to March 1 with gigs in all inland 
public waters, except Lake Waccamaw and its 
tributaries; 

(c) December 1 to June 5 with dip, bow, and at- 
tended gill nets in Livingston Creek; 

(24) Craven: 

(a) July 1 to June 30 with traps in the main run of 
the Trent and Neuse Rivers; 

(b) December 1 to June 5 with dip, bow, and at- 
tended gill nets in all inland public waters, 
except Pitch Kettle, Grindle, Slocum, Spring and 
Hancock Creeks and their tributaries; with dip 
and bow nets in Slocum Creek above the US 70 
bridge; and with seines in the Neuse River; 

(25) Cumberland: December 1 to March 1 with 
attended gill nets in all inland public waters; 

(26) Currituck; 

(a) July 1 to June 30 with traps in Tulls Creek and 
Northwest River; 

(b) December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in Northwest River and Tulls 
Creek; 

Dare: 
July 1 to June 30 with traps in Mashoes Creek, 
Milltail Creek, East Lake and South Lake; 
December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in Martin Point Creek; 
Davidson: 
July 1 to August 31 with seines in all running 
public waters, 

July 1 to June 30 with gigs in all public waters, 
and with traps in all public waters except Leon- 
ard's Creek, Abbott's Creek below Lake 
Thom-A-Lex dam, and the Abbott's Creek arm 
of High Rock Lake upstream from the NC 8 
bridge; 
(29) Davie: 

(a) July 1 to June 30 with traps and gigs in all 
public waters; 



(27) 
(a) 

(t) 



(28) 
(a) 

(b) 



341 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



(b) July 1 to August 31 for taking only caqs and 
suckers with seines in Dutchmans Creek from 
US 601 to Yadkin River and in Hunting Creek 
from SR 1338 to South Yadkin River, 

(30) Duplin; 

(a) December 1 to March 1 with attended gill nets 
in Baysden Pond and in the Northeast Cape Fear 
River, including old channels from a point one 
mile above SR 1700 (Serecta) Bridge down- 
stream to the county line; 

(b) December 1 to June 5 with dip, bow, and at- 
tended gill nets and seines in the main run of the 
Northeast Cape Fear River downstream from a 
point one mile above Serecta Bridge; 

(31) Durham: 

(a) July 1 to August 31 with seines in Neuse River, 

(b) July 1 to June 30 with gigs in all public waters; 

(32) Edgecombe: 

(a) December 1 to March 15 with gill nets in Noble 
Mill Pond and Wiggins Lake; 

(b) December 1 to June 5 with dip and bow nets in 
all public waters; and with drift gill nets in Tar 
River below the bridge at Old Sparta to the Pitt 
County line; 

(33) Forsyth: July 1 to June 30 with traps and gigs m 
all public waters, except traps may not be used in 
Belews Creek Reservoir; 

(34) FrankHn: 

(a) December 1 to March 1 with gill nets in Clifton 
Pond, Parrish Pond, Jackson Pond and Lake 
Royale; 

(b) July 1 to August 3 1 with seines in Tar River; 

(c) July 1 to June 30 with gigs in all public waters, 
except Parrish, Laurel Mill, Jackson, Clifton, 
Moore's and Perry's Ponds, and m the 
Franklinton City ponds; 

(35) Gaston: 

(a) July 1 to August 31 with seines in all running 
public waters, 

(b) July 1 to June 30 with gigs, traps and spear guns 
in all public waters; 

(36) Gates: December 1 to June 5 with dip and bow 

nets in all inland public waters, excluding public 
lakes, ponds, and other impounded waters, and 
with attended gill nets in all inland public waters, 
except Williams (Merchants Mill) Pond; 

(37) Graham: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 

(38) Granville: 

(a) July 1 to June 30 with gigs in all public waters, 
except Kerr Reservoir; 

(b) July 1 to August 31 with seines in the Neuse 
River and the Tar River below US 158 bridge; 

(c) July 1 to June 30 with dip and cast nets in Kerr 
Reservoir; 

(d) July 1 to June 30 with cast nets in all public 



waters; 

(39) Greene: December 1 to June 5 with dip, bow, 
and attended gill nets and reels in Contentnea 
Creek; 

(40) Guilford: 

(a) July 1 to August 31 with seines in Haw River, 
Deep River below Jamestown Dam, and Reedy 
Fork Creek below US 29 bridge; 

(b) July 1 to June 30 with gigs in all public waters; 

(41) Halifax: 

(a) December 1 to March 1 with gill nets in White's 
Mill Pond; 

(b) December 1 to June 5 with dip and bow nets in 
Beech Swamp, Clarks Canal, Conoconnara 
Swamp, Fishing Creek below the Fishing Creek 
Mill Dam, Kehukee Swamp, Looking Glass Gut, 
Quankey Creek, and White's Mill Pond Run; 

(c) July 1 to June 30 with dip and cast nets in 
Gaston Reservoir and Roanoke Rapids Reser- 
voir; 

(42) Harnett: 

(a) December 1 to March 1 with attended gill nets 

in all inland public waters; 
(h) January 1 to May 31 with gigs in Cape Fear 

River and tributaries; 
(c) December I to June 5 with dip and bow nets in 

Cape Fear River; 

(43) Haywood: July 1 to June 30 with gigs in all 
public waters, except Lake Junaluska and desig- 
nated public mountain trout waters; 

(44) Henderson: July 1 to June 30 with gigs in all 
public waters, except designated public mountain 
trout waters; 

(45) Hertford; 

(a) July 1 to June 30 with traps in Wiccacon Creek; 

(b) December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in all inland public waters, 
except mill ponds; 

(46) Hoke: December 1 to March 1 with attended gill 
nets in all inland public waters; 

(47) Hyde: 

(a) July 1 to June 30 with traps in all inland waters; 

(b) December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, 
ponds, and other impounded waters; and with 
attended gill nets in Pungo River and tributaries 
upstream from US 264 bridge, Scranton Creek, 
and Long Shoal River and tributaries; 

(48) Iredell: July 1 to June 30 with traps and gigs in 
all public waters; and with spear guns in Lookout 
Shoals Reservoir and Lake Norman; 

(49) Jackson: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 

(50) Johnston: 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



342 



PROPOSED RULES 



(a) 



(b) 



(51) 
(a) 



(b) 

(c) 

(d) 

(52) 
(a) 

(h) 

(c) 

(53) 
(a) 

(b) 

(54) 
(a) 

(h) 

5) 
(a) 

(h) 



(55) 



(56) 



(57) 



(58) 



(59) 
(a) 



December 1 to March 1 with gill nets in Cattails (h) 

Lake. Holts Lake, Holts Pond, and Wendell 

Lake; 

December 1 to June 5 with dip and bow nets in (60) 

Black Creek, Little River, Middle Cre^k, Mill (a) 

Creek, Neuse River, and Swift Creek; 

Jones: 
July 1 to June 30 with traps in the Trent River 
below US 17 bridge and White Oak River below (b) 

US 17 bridge; 

December 1 to June 5 with dip, bow, and at; (61) 
tended gill nets in all inland public waters, (a) 

except the White Oak River and its tributaries; 
December 1 to June 5 with dip and bow nets in (b) 

the main run of the White Oak River; 
March 1 to April 30 with attended gill nets in (c) 

the main run of the White Oak River; 

Lee: 
December 1 to April 15 with dip and gill nets 
Oocal law) in Cape Fear River and Deep River; (62) 

and with gill nets in Morris Pond; (a) 

July 1 to August 31 with seines in Cape Fear 
River; (b) 

July 1 to June 30 with traps in Deep River, and 
with gigs in all public waters; (c) 

Lenoir: 
July 1 to June 30 with traps in Neuse River 
below US 70 bridge at Kinston; 
December 1 to June 5 with dip, bow, and at- 
tended gill nets in Neuse River and Contentnea 
Creek upstream from NC 1 18 bridge at Grifton; 
and with seines in Neuse River; 

Lincoln; 
July 1 to August 31 with seines in all running 
public waters; 

July 1 to June 30 with traps, gigs and spear guns (b) 

in all public waters; 

McDowell: 
July 1 to August 31 with seines in all running 
public waters, except designated public mountain (c) 

trout waters; 

July 1 to June 30 with traps, gigs, and spear 
guns in all public waters, except designated (65) 

public mountain trout waters and Lake James; (a) 

Macon; July 1 to June 30 with gigs in all public 

waters, except designated public mountain trout (b) 

waters; 

Madison: July 1 to June 30 with gigs in all public 

waters, except designated public mountain trout (c) 

waters; 

Martin: December 1 to June 5 with dip and bow (d) 

nets in all inland public waters, excluding public 

lakes, ponds, and other impounded waters; and 

with attended gill nets in all inland public waters; 

Mecklenburg: (e) 

July 1 to August 31 with seines in all running 
public v^aters; 



(63) 



(64) 
(a) 



July 1 to June 30 with traps, gigs and spear guns 
in all public waters except Freedom Park Pond 
and Hornet's Nest Ponds; 

Montgomery: 
July 1 to August 3 1 with seines Ln all running 
public waters, except that part of the Pee Dee 
River between the Lake Tillery dam at Hydro 
and the mouth of Rocky River; 
July 1 to June 30 with traps and gigs in all 
public waters; 

Moore: 
December 1 to April 15 with gill nets in Deep 
River and all tributaries; 

July 1 to August 31 with seines in all running 
public waters except in Deep River; 
July 1 to June 30 with gigs in all public waters, 
except lakes located on the Sandhills Game 
Land; and with traps in Deep River and its 
tributaries; 

Nash: 
Etecember 1 to March 1 with gill nets in Boddies 
Pond and Camp Charles Lake; 
July 1 to June 30 with gigs in all public waters, 
except Tar River; 

December 1 to June 5 with dip and bow nets in 
the Tar River below Harris' Landing and Fish- 
ing Creek below the Fishing Creek Mill Dam; 

New Hanover: December 1 to June 5 with dip, 

bow, and attended gill nets in all inland public 

waters, except Sutton (Catfish) Lake; 

Northampton: 
July 1 to June 30 with gigs in all public waters, 
except Gaston and Roanoke Rapids Reservoirs 
and the Roanoke River above the US 301 
bridge; 

December 1 to June 5 with dip and bow nets in 
Occoneechee Creek, Old River Landing Gut; 
and with dip, bow and gill nets in Vaughans 
Creek below Watsons Mill; 
July 1 to June 30 with dip and cast nets in 
Gaston Reservoir and Roanoke Rapids Reser- 
voir; 

Onslow: 
July 1 to June 30 with traps in White Oak River 
below US 17 bridge; 

August 1 to March 3 1 with eel pots in the main 
run of New River between US 17 bridge and the 
mouth of Hawkins Creek; 
December 1 to March 1 with attended gill nets 
in Catherine Lake and Baysden Pond; 
December 1 to June 5 with dip. bow. and at- 
tended gill nets in the main run of New River; 
and with dip and bow nets in the main run of the 
White Oak River; 

March 1 to April 30 with attended gill nets in 
the main run of the White Oak River; and with 
dip, bow and attended gill nets in Grant's Creek; 



343 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RUIZES 



(66) 
(a) 
(b) 

(67) 

(68) 
(a) 
(b) 



(69) 
(a) 



(b) 



(70) 

(a) 
" (b) 



(71) 
(a) 

(b) 
(72) 
(a) 



(b) 



(73) 



(74) 
(a) 

(b) 

(c) 
(75) 
(a) 



(b) 



Orange: 
July 1 to August 3 1 with seines in Haw River, (c) 

July 1 to June 30 with gigs in all public waters; 

Pamlico: December 1 to June 5 with dip, bow 

and attended gill nets in all inland public waters; 

Pasquotank: (76) 

July 1 to June 30 with traps in all inland waters; 
December 1 to June 5 with dip and bow nets in (77) 

all inland public waters, excluding public lakes, (a) 

ponds, and other impounded waters; and with 
attended gill nets in all inland public waters, (b) 

Pender: 
December 1 to June 5 with dip, bow, and at; (78) 
tended gill nets in the Northeast Cape Fear (a) 

River and Long Creek; with dip and bow nets in 
Black River; and with seines in the main run of (b) 

Northeast Cape Fear River; 

December 1 to May 1 with attended gill nets in (79) 
Black River; and with dip, bow, and attended (a) 

gill nets in Moore's Creek approximately one 
mile upstream to New Moon Fishing Camp; 

Perquimans: (b) 

July 1 to June 30 with traps in all inland waters, 
December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding public lakes, (80) 

ponds, and other impounded waters; and with (a) 

attended gill nets in all inland public waters. 

Person; (b) 

July 1 to August 31 with seines in Hyco Creek 
and Mayo Creek; 
July I to June 30 with gigs in all public waters. (c) 

Pitt- 
July 1 to June 30 with traps in Neuse River and 
in Tar River below the mouth of Hardee Creek 
east of Greenville; (d) 

December 1 to June 5 with dip, bow and at- 
tended drift gill nets and with seines m Tar 
River; and with dip, bow and attended gill nets (81) 

in all other inland public waters, except Grindle 
Creek, and Contentnea Creek between NC 118 
bridge at Grifton and the Neuse River; (82) 

Polk: July 1 to June 30 with gigs in all public (a) 

waters, except designated public mountain trout 

waters; 

Randolph: 
December 1 to March 1 with gill nets in Deep (b) 

River and Uwharrie River; 

July 1 to August 31 with seines in Deep River (83) 

above the Coleridge Dam and Uwharrie River, 
July 1 to June 30 with gigs in all public waters; 

Richmond: 
July 1 to August 31 with seines in all running (84) 
public waters, except Pee Dee River from 
Blewett Falls downstream to the Seaboard Coast 
Line Railroad trestle; 

July 1 to June 30 with traps and gigs in all (85) 
public waters, except lakes located on the 



Sandhills Game Land; 

December 1 to June 5 with dip and bow nets in 

Pee Dee River below Blewett Falls Dam, and 

with gill nets in Pee Dee River below the mouth 

of Cartledge Creek; 
Robeson: December 1 to March 1 with attended 
gill nets and gigs in all inland public waters; 
Rockingham: 

July 1 to August 31 with seines in Dan River 

and Haw River; 

July 1 to June 30 with traps in Dan River; and 

with gigs in all public waters; 
Rowan: 

July I to August 31 with seines in all running 

public waters, 

July I to June 30 with traps and gigs in all 

public waters; 
Rutherford: 

July 1 to August 31 with seines in all running 

public waters, except designated public mountain 

trout waters; 

July 1 to June 30 with traps, gigs, and spear 

guns in all public waters, except designated 

public mountain trout waters; 
Sampson; 

December 1 to March 1 with attended gill nets 

in all inland public waters; 

December 1 to May 1 with attended gill nets in 

Big Coharie Creek, Black River, and Six Runs 

Creek; 

May 2 to June 5 with attended gill nets of no 

less than five and one-half inch stretch measure 

in Big Coharie Creek, Black River, and Six 

Runs Creek; 

December 1 to June 5 with dip and bow nets in 

Big Coharie Creek, Black River, and Six Runs 

Creek; 
Scotland; December 1 to March 1 with attended 
gill nets in all inland public waters, except lakes 
located on the Sandhills Game Land; 
Stanly: 

July 1 to August 31 with seines in all running 

public waters, except that part of the Pee Dee 

River between the Lake Tillery dam at Hydro 

and the mouth of Rocky River; 

July 1 to June 30 with traps and gigs in all 

pubhc waters; 
Stokes: July 1 to June 30 with traps and gigs in 
all public waters, except designated public moun- 
tain trout waters, and traps may not be used in 
Belews Creek Reservoir; 

Surry: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; and with traps in the main stem of Yadkin 
River; 

Swain: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



344 



PROPOSED RULES 



(86) 



(87) 
(a) 



(b) 



(88) 
(a) 

(b) 

(89) 
(a) 

(b) 

(c) 

(d) 

(e) 

(90) 
(a) 

(b) 

(91) 
(a) 

(b) 

(c) 
(d) 

(92) 
(a) 

(b) 



waters; 

Transylvania: July 1 to June 30 with gigs in all 

public waters, except designated public mountain 

trout waters; 

Tyrrell: 
July 1 to June 30 with traps in Scuppemong 
River, Alligator Creek, and the drainage canals 
of Lake Phelps except Bee Tree Canal within 50 
yards of the Lake Phelps fish ladder; 
December 1 to June 5 with dip and bow nets in 
all mland public waters, excluding Lake Phelps, 
Bee Tree Canal within 50 yards of the Lake 
Phelps fish ladder, public lakes, ponds and other 
impounded waters; and with attended gill nets in 
Alligator Creek: 

Union: 
July 1 to August 3 1 with seines in all running 
public waters. 

July 1 to June 30 with traps and gigs in all 
public waters; 

Vance: 
December 1 to March 1 with gill nets in 
Southerlands Pond and Ellis Pond; 
July 1 to August 31 with seines in the Tar 
River; 

July 1 to June 30 with gigs in all public waters, 
except Rolands, Faulkners, Southerlands, and 
Weldon Ponds. City Lake, and Kerr Reservoir; 
July 1 to June 30 with dip and cast nets in Kerr 
Reservoir; 

July 1 to June 30 with cast nets in all public 
waters; 

Wake: 
July 1 to June 30 with gigs in all public waters, 
except Sunset, Benson, Wheeler, Raleigh, and 
Johnson Lakes; 

Etecember 1 to June 5 with dip and bow nets in 
the Neuse River below Milbumie Dam, and 
Swift Creek below Lake Benson Dam, 

Warren: 
July 1 to August 31 with seines in Fishing 
Creek, Shocco Creek, and Walker Creek; ex- 
cluding Duck and Hammes Mill Ponds; 
July 1 to June 30 with gigs in all public waters, 
except Duck and Hammes Mill Ponds. Ken- 
Reservoir, and Gaston Reservoir; 
July 1 to June 30 with dip and cast nets in Kerr 
Reservoir and Gaston Reservoir; 
July 1 to June 30 with cast nets in all public 
waters, 

Washington: 
July 1 to June 30 with traps in the drainage 
canals of Lake Phelps; 

December 1 to June 5 with dip and bow nets in 
all inland public waters, excluding Lake Phelps, 
public lakes, ponds and other impoundments; 
and with attended gill nets in Conaby Creek; 



(93) 
(a) 

(b) 



(94) 



(95) 
(a) 



(b) 



(c) 



(96) 



Wayne; 
December 1 to March 1 with gill nets in 
Sasser's Mill Pond and Sleepy Creek Lake; 
December 1 to June 5 with dip and bow nets in 
Little River, Mill Creek, and Neuse River, 
except from Quaker Neck Dam downstream to 
SR 1008 (Tolar) bridge; 
Wilkes: July 1 to June 30 with traps in Yadkin 
River below W, Kerr Scott Reservoir; and with 
gigs and spear guns in all public waters, except 
designated public mountain trout waters; 
Wilson: 
July 1 to June 30 with gigs in Contentnea Creek 
(except Buckhom Reservoir), including unnamed 
tributaries between Flowers Mill and SR 1 163 
(Deans) bridge; 

December 1 to June 5 with dip and bow nets in 
Contentnea Creek below US 301 bridge and in 
To i snot Swamp downstream from the Lake 
Toisnot Dam; 

January 1 to March 1 with gill nets in Silver 
Lake; 
Yadkin: July 1 to June 30 with gigs in all public 
waters, and with traps in the main stem of Yadkin 
River 



Staruror\' Authority G.S. 113-134: 113-276: 113-292. 









Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rule cited as 15A NCAC lOD 
0003. (Note: All pending changes (9:24 NCR 2120-2127, 
March 15. 1995. & 10:4 NCR 250-254, May 15, 1995, - 
Volume 9, Issue 24, Pages 2120-2127, & Volume 10, Issue 
4, Pages 250-254) are shown in italics, new changes are in 
standard font.) 

Proposed Effective Date: September 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on June 
30, 1995 at the Archdale Building, Room 332, 512 N. 
Salisbury Street, Raleigh, NC 27604. 

Reason for Proposed Action: To promote safety on S. 
Shore Falls Lake Trail by banning the use of all wheeled 
vehicles except for wheelchairs by handicapped persons. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from June 16, 1995 through July 17, 1995. Such 
written comments mu.ft be delivered or mailed to the N. C. 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 



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PROPOSED RULES 



Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER lOD - GAME LANDS 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on 
any designated game land shall be under the influence of 
alcohol or any narcotic drug, or fail to comply with special 
restrictions regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a vehicle 
on game lands in such a manner as to block traffic, gates or 
otherwise prevent vehicles from using any roadway. 

(c) Tree Stands. It is unlawfiil to erect or to occupy, for 
the purpose of hunting, any tree stand or platform attached 
by nails, screws, bolts or wire to a tree on any game land 
designated herein. This prohibition shall not apply to 
lag-screw steps or portable stands that are removed after use 
with no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where closed to 
hunting or Umited to specific dates by this Chapter, hunting 
on game lands is permitted during the open season for the 
game or furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter the posted 
impoundment areas earlier than 4:00 a.m. on the permitted 
hunting dates, and hunting is prohibited after 1:00 p.m. on 
such hunting dates; decoys may not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each day. No 
person shall operate any vessel or vehicle powered by an 
internal combustion engine on a managed waterfowl im- 
poundment. 

No person shall attempt to obscure the sex or age 
of any bird or animal taken by severing the head or any 
other part thereof, or possess any bird or animal which has 
been so mutilated. 

No person shall place, or cause to be placed on any 
game land, salt, grain, fruit, or other foods without prior 
written authorization of the commission or its agent. A 
decision to grant or deny authorization shall be made based 
on the best management practices for the wildlife species in 
question. No person shall take or attempt to take any game 
birds or game animals attracted to such foods. 

No live wild animals or wild birds shall be re- 
moved from any game land. 

(e) Hunting Dates: For purposes of this Section "East- 
em" season refers to seasons set for those counties or parts 
of counties listed in 15A NCAC lOB .0203(b)(1)(A); 
"Central" season refers to seasons set for those counties or 
parts of counties listed in 15A NCAC lOB .0203(b)(1)(D); 
"Northwestern" season refers to seasons set for those 
counties or parts of counties listed in 15A NCAC lOB 
.0203(b)(1)(B); "Western" season refers to seasons set for 
those counties or parts of counties listed in 15A NCAC lOB 
.0203(b)(1)(C). 

(1) Doves may be taken on the following game 



lands and dove hunting is limited to Mondays, 
Wednesdays, Saturdays and to Thanksgiving, 
Christmas and New Year's Days within the 
federally-announced season; 
Guilford County— Guilford County Farm Game 
Land 

Lenoir County—Caswell Farm Game Land 
(2) Any game may be taken during the open seasons 
on the following game lands and hunting is 
limited to Mondays, Wednesdays, Saturdays and 
Thanksgiving, Christmas and New Year's Days. 
In addition, deer may be taken with bow and 
arrow on the opening day of the bow and arrow 
season for deer. Special hunts on other days 
may also be set up for participants in the Dis- 
abled Sportsman Program. Raccoon and opos- 
sum hunting may continue until 7:00 a.m. on 
Tuesdays, until 7:00 a.m. on Thursdays, and 
until midnight on Saturdays. Additional restric- 
tions apply as indicated in parentheses following 
specific designations: 
Ashe County—Carson Woods Game Land 
Bladen County— Bladen Lakes State Forest Game 
Lands (Handguns may not be carried and, except 
for muzzle-loaders, rifles larger than .22 caliber 
rimfire ma\' not be used or possessed. On the 
Breece Tract and the Singletary Tract deer and 
bear may be taken only by still hunting. Deer 
of either sex may be taken Mondays, Wednes- 
days, and Saturdays from the first Wednesday 
after Thanksgiving through the following 
Wednesday. Deer of either sex may also be 
taken the Saturday preceding Eastern bow season 
with bow and arrow and the Friday preceding 
the Eastern muzzle-loading season with any legal 
weapon (with weapons exceptions described in 
this Paragraph) by participants in the Disabled 
SpKDrtsman Program. Wild turkey hunting is by 
permit only.) 

Caswell County—Caswell Game Land— (Deer of 
either sex may also be taken the Friday preced- 
ing the Central muzzle-loading season by partici- 
pants in the Disabled Sportsman Program.) 
Catawba and Iredell Counties— Catawba Game 
Land (No deer may be taken from the tract 
known as Island Point and deer may be taken 
with bow and arrow only from the tract known 
as Molly's backbone.) 

Onslow County-White Oak River Impoundment 
Game Land (In addition to the dates above 
indicated, waterfowl may be taken on the open- 
ing and closing days of the applicable waterfowl 
seasons.) 

Pender County— Holly Shelter Game Land (In 
addition to the dates above indicated, waterfowl 
may be taken on the op>ening and closing days of 
the applicable waterfowl seasons. Deer of either 



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346 



PROPOSED RULES 



sex may be taken on Mondays, Wednesdays, 
and Saturdays from the first Wednesday after 
Thanksgiving through the fourth Saturday after 
TTianksgiving.) Deer of either sex may also be 
taken the Friday preceding the Eastern muzzle- 
loading season with any legal weapon and the 
Saturday preceding Eastern bow season with 
bow and arrow by participants in the Disabled 
Sportsman Program.) 

Richmond, Scotland and Moore Coun- 
ties—Sandhills Game Land (The regular gun 
season for deer consists of the open hunting 
dates from the second Monday before Tlianks- 
giving to the third Saturday after Thanksgiving 
except on the field trial grounds where the gun 
season is from the second Monday before 
Thanksgiving to the Saturday following Thanks- 
giving. Deer may be taken with bow and arrow 
on all open hunting dates dunng the bow and 
arrow season, as well as during the regular gun 
season. Deer may be taken with muzzle-loading 
firearms on Monday. Wednesday and Saturday 
of the second week before Thanksgiving week, 
and during the regular gun season. Either sex 
deer hunting with any legal weapon is permitted 
on all areas the Thursday and Friday prior to the 
muzzle-loading season described in this Para- 
graph for participants in the Disabled Sportsman 
Program Except for the deer seasons above 
indicated and the managed either-sex permit 
hunts, the field trial grounds are closed to all 
hunting during the period October 22 to March 
31. In addition to the regular hunting days, 
waterfowl may be taken on the opening and 
closing days of the applicable waterfowl seasons. 
Wild turkey hunting is by permit only. Dove 
hunting on the field trial grounds will be prohib- 
ited from the second Sunday in September 
through the remainder of the hunting season.) 
Robeson County— Robeson Game Land 
Robeson County— Bullard and Branch Hunting 
Preserve Game Land 
Sampson County— Sampson Game Lands 
Stokes County— Sauratown Plantation Game 
Land 

Wayne County— Cherry Farm Game Land, the 
use of centerfire rifles and handguns is prohib- 
ited 

Yadkin County— Huntsville Community Farms 
Game Land 
(3) Any game may be taken on the following game 
lands during the open season, except that: 

(A) Bears may not be taken on lands designated 
and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the use of 
dogs on such bear sanctuaries, and wild boar 
may be hunted only during the bow and arrow 



seasons, the muzzle-loading deer season and 
the regular gun season on male deer on bear 
sanctuaries; 

(C) On game lands open to deer hunting located in 
or west of the counties of Rockingham, 
Guilford, Randolph, Montgomery and Anson, 
the following rules apply to the use of dogs 
during the regular season for hunting deer with 
guns: 

(i) Except for the counties of Cherokee, Clay, 
Graham, Jackson, Macon, Madison, Polk, 
and Swain, game birds may be hunted 
with dogs. 

(ii) In the counties of Cherokee, Clay, Gra- 
ham, Jackson, Macon, Madison, Polk, and 
Swain, small game in season may be 
hunted with dogs on all game lands except 
on bear sanctuaries; 

(D) On Croatan, Jordan, and Shearon Harris Game 
Lands, and posted waterfowl impoundments on 
Goose Creek Game Lands, waterfowl may be 
taken only on Mondays. Wednesdays, Satur- 
days; on Thanksgiving, Christmas and New 
Year's Days; and on the opening and closing 
days of the applicable waterfowl seasons. 
After November 1, on the Pamlico Point, 
Campbell Creek, and Spring Creek impound- 
ments, located on the Goose Creek Game 
Lands, a special permit is required for hunting 
on opening and closing days of the duck sea- 
sons, Saturdays of the duck seasons, and on 
Thanksgiving and New Year's day; 

(E) On the posted waterfowl impoundments of 
Gull Rock Game Land hunting of any species 
of wildlife is limited to Mondays, Wednes- 
days, Saturdays; Thanksgiving, Christmas, and 
New Year's Days; and the opening and closing 
days of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of Madison, 
Buncombe, Henderson and Polk Counties dogs 
may not be trained or allowed to run unleashed 
between March 1 and [[w Monday on or near- 
est October 15; Oeioher ]]; 

(G) On Anson, Chatham. Jordan, New Lake, Pee 
Dee River, Pungo River, Shearon Hams and 
Gull Rock Game Lands deer of either sex may 
be taken from the first Wednesday after 
Thanksgiving through the third Saturday after 
Thanksgiving. 

(H) On Butner-Falls of Neuse and Person Game 
Lands waterfowl may be taken only on Tues- 
days, Thursdays and Saturdays, Christmas and 
New Year's Days, and on the opening and 
closing days of the applicable waterfowl sea- 
sons; 
(I) On Alcoa southeast of NC 49, Angola Bay, 
Butner-Falls of Neuse, Goose Creek, Hofmann 



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PROPOSED RULES 



Forest, Sutton Lake and Uwharrie Game 
Lands deer of either sex may be taken from 
the first Wednesday after Thanksgiving 
through the following Saturday; 
(J) On Croatan and Neuse River Game Lands deer 
of either sex may be taken from the first 
Wednesday after Thanksgiving through the 
following Tuesday; 

(K) On Croatan Game Lands in Jones and Craven 
Counties bear season extends from the second 
Monday in November to the followine Satur- 
day: 

(L) ^Horseback riding is allowed on the Caswell 
and Thurmond Chatham game lands only 
during June, July, and August and on Sundays 
during the remainder of the year except during 
open turkey and deer seasons. Horseback 
riding is allowed only on roads opened to 
vehicular traffic. Participants must obtain a 
game lands license prior to engaging In such 
activity; 

(M) -^On the posted waterfowl impoundments on 
the Jordan and Butner-Falls of Neuse game 
lands a special permit is required for all water- 
fowl hunting. 

(N) fM;^Additional restrictions or modifications 
apply as indicated in parentheses followmg 
specific designations: 

Alexander and Caldwell Counties— Brushy 
Mountains Game Lands 
Anson County— Anson Game Land 
Anson, Montgomery, Richmond and Stanly 
Counties— Pee Dee River Game Lands (Use of 
centerfire rifles prohibited in that portion in 
Anson and Richmond counties N. of US-74.) 
Ashe County— TTirge Top Mountain Game 
Lands Elk Ridge Game Lands 
Ashe County— Cherokee Game Lands 
Ashe and Watauga Counties— Elk Knob Game 
Land 

Avery, Buncombe, Burke, Caldwell, 
Haywood, Henderson, Jackson, Madison, 
McDowell, Mitchell, Transylvania, Watauga 
and Yancey Counties— Pisgah Game Lands 
(Harmon Den and Sherwood Bear Sanctuaries 
in Haywood County are closed to hunting 
raccoon, opossum and wildcat. Traming 
raccoon and opossum dogs is prohibited from 
March 1 to the Monday on or nearest October 
15 October 11 in that part of Madison County 
north of the French Broad River, south of US 
25-70 and west of SR 1319.) 
Bertie— Bertie County Game Land 
Bertie, Halifax and Martin Counties— Roanoke 
River Wetlands (Hunting is by Permit only. 
Vehicles are prohibited on roads or trails 
except those operated on official Commission 



business or by permit holders.) 
Bertie and Washington Counties—Bachelor Bay 
Game Lands 

Beaufort and Pamlico Counties— Goose Creek 
Game Land 

Brunswick County— Green Swamp Game Land 
Burke and Cleveland Counties— South Moun- 
tains Game Lands 

Caldwell, Watauga and Wilkes Coun- 
ties— Yadkin Game Land 
Carteret, Craven and Jones Counties— Croatan 
Game Lands 

Chatham County— Chatham Game Land 
Chatham, Durham, Orange, and Wake Coun- 
ties—Jordan Game Lands (On areas posted as 
"archery zones" hunting is limited to bow and 
arrow. Horseback riding, including all equine 
species, is prohibited. Target shooting is 
prohibited.) 

Chatham and Wake Counties— Shearon Harris 
Game Land 

Cherokee, Clay, Graham, Jackson, Macon, 
Swain and Transylvania Counties— Nantahala 
Game Lands. Raccoon and opossum may be 
hunted only from sunset Friday until sunrise 
on Saturday and from sunset until 12:00 mid- 
night on Saturday on Fires Creek Bear Sanctu- 
ary in Clay County and in that part of Chero- 
kee County north of US 64 and NC 294, east 
of Persimmon Creek and Hiwassee Lake, 
south of Hiwassee Lake and west of Nottely 
River; in the same part of Cherokee County 
dog training is prohibited from March 1 to the 
Monday on or nearest October 15. October 11. 
It is unlawful to train dogs or allow dogs to 
run unleased on any game land in Graham 
County between March 1 and tjw Monday on 
or nearest October 15. October 11. 
Chowan County— Chowan Game Land 
Cleveland County— Gardner- Webb Game Land 
Craven County— Neuse River Game Land 
Currituck County— North River Game Land 
Currituck County— Northwest River Marsh 
Game Land 

Dare County— Dare Game Land (No hunting 
on posted parts of bombing range. The use 
and training of dogs is prohibited from March 
1 through June 30.) 

Davidson, Davie, Montgomery, Rowan and 
Stanly Counties— Alcoa Game Land 
Davidson County— Linwood Game Land 
Davidson, Montgomery and Randolph Coun- 
ties— Uwharrie Game Land 
Duplin and Pender Counties— Angola Bay 
Game Land 

Durham, Granville and Wake Coun- 
ties— Butner-Falls of Neuse Game Land — (On 



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348 



PROPOSED RULES 



(4) 



that part tnarlxd as (he Penny Bend Rahha 
Research — Area no Hunting — is prohibited. 
Land. [Horseback riding, including all equine 
species, is prohibited. Target shooting is 
prohibited. The use of wheeled vehicles 
(except for wheelchairs by handicapped per- 
sons) on the South Shore Falls Lake Trail is 
prohibited.] 

Gates County—Chow an Swamp Game Land 
Henderson. Polk and Rutherford Coun- 
ties—Green River Game Lands 
Hyde County— Gull Rock Game Land 
Hyde County— Pungo River Game Land 
Hyde and Tyrrell Counties— New Lake Game 
Land 

Jones and Onslow Couniies--Hofmann Forest 
Game Land 

Lee County— Lee Game Land 
McDowell and Rutherford Coun- 
ties— Dysartsville Game Lands 
Moore County— Moore Game Land 
New Hanover County— Sutton Lake Game 
Land 

Pender County— Northeast Cape Fear Game 
Land 

Person County— Person Game Land 
Transylvania County— Toxaway Game Land 
(Deer of either sex may be taken with a bow 
and arrow on the Saturday prior to the first 
segment of the Western bow and arrow season 
by participants of the Disabled Sportsman 
Program.) 

Tyrrell and Washington Counties— Lantern 
Acres Game Land 

Vance County— Vance Game Land. (The use 
of dogs, centerfire rifles and handguns for 
hunting deer is prohibited on the Nutbush 
Peninsula tract of Vance Game Lands.) 
Wilkes County— Thurmond Chatham Game 
Land (Deer of either sex may be taken with 
bow and arrow on the Samrday prior to North- 
western bow and arrow season by participants 
of the Disabled Sportsman Program.) 
Deer of either sex may be taken on the hunt 
dates indicated by holders of permits to partici- 
pate in managed hunts scheduled and conducted 
in accordance with this Subparagraph on the 
game lands or portions of game lands included 
in the following schedule: 
Thursday and Friday of the week before Thanks- 
giving Week: 

Sandhills east of US 1 
Sandhills west of US 1 
Application forms for permits to participate in 
managed deer hunts on game lands, together 
with pertinent information and instructions, may 
be obtained from hunting and fishing license 



agents and from the Wildlife Resources Com- 
mission. Completed applications must be re- 
ceived by the Commission not later than the first 
day of September next preceding the dates of 
hunt. Permits are issued by random computer 
selection, are mailed to the permittees prior to 
the hunt, and are nontransferable. A hunter 
making a kill must tag the deer and report the 
kill to a wildlife cooperator agent. 
(5) The following game land and refuges are closed 

to all hunting except to those individuals who 
have obtained a valid and current permit from 
the Wildlife Resources Commission: 

Bertie, Halifax and Martin Counties— 

Roanoke River Wetlands 

Bertie County— Roanoke River National 

Wildlife Refuge 

Burke County— John 's River Waterfowl 

Refuse 

Dare County— Dare Game Lands (Those 

parts of bombing range posted against 

hunting) 

Davie— Hunting Creek Swamp Waterfowl 

Refuge 

Gaston, Lincoln and Mecklenburg Coun- 
ties—Cowan's Ford Waterfowl Refuge. 



Statutory Authority G.S. 
113-291.5; 113-305. 



113-134: 113-264; 113-291.2; 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rule cited as 15A NCAC lOF 
.0313. 

Proposed Effective Date: October 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on July 
5, 1995 at the Archdale Building, 512 N. Salisbury Street, 
Room 332, Raleigh. NC 27604. 

Reason for Proposed Action: To regulate boat speeds in 
congested area. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from June 16, 1995 through July 17, 1995. Such 
written comments must be delivered or mailed to the N. C. 
Wildlife Resources Commission , 512 N. Salisbury Street, 
Raleigh. NC 27604-1 18S. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 



349 



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PROPOSED RULES 



SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0313 HYDE COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters in Hyde County: 

(1) Swan Quarter Canal near the Town of Swan 
Quarter; 

(2) Carawan Canal; 

(3) The waters within 50 yards of all public boat 
launching areas providing access to Pamlico 
Sound; 

(4) Far Creek near the Town of Engelhard; 

(5) Fodrey Canal. That portion of Fodrey Canal 
beginning at its entrance at the number 3 beacon 
and extending inland for a distance of 300 yards. 
yards; 

(6) Silver Lake in Okracoke. Harbor-wide. 

(b) Speed limit. No person shall operate a motorboat or 
vessel at greater than no-wake speed on the regulated areas 
described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Board 
of Commissioners of Hyde County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule, subject to the approval of the 
United States Coast Guard and the United States Army 
Corps of Engineers. 

Statutory Authority G.S. 75A-3; 75A-15. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A NCAC 13B 
.0101. .0103. .0503. and .1627. 

Proposed Effective Date: October 1. 1995. 

A Public Hearing will be conducted at 1:30 p.m. on July 
11, 1995 at the Ground Floor Hearing Room, Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: The purpose of the rule 
amendments is to establish economic incentive for owners 
and operators ofunlined landfills to provide an environmen- 
tally sound cap system for unlined landfdls at closure. 
Further, the amendments encourage owner and operator's 
compliance with closure requirements by providing more 
than one method by which landfill closure may be accom- 
plished. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 



comments may be presented at the public hearing or submit- 
ted to Joan Troy, Solid Waste Section, 401 Oberlin Road, 
Suite 150, Raleigh. NC 27611-7687. All written comments 
must be received by July 17, 1995. Persons who wish to 
speak at the hearing should contact Ms. Troy at (919) 
733-0692, extension 342. Persons who call in advance of 
the hearing will be given priority on the speaker 's list. Oral 
presentation lengths may be limited depending on the 
number of people that wish to speak at the public hearing. 
Only persons who have made comments at a public hearing 
or who have submitted written comments will be allowed to 
speak at the Commission meeting. Comments made at the 
Commission meeting must either clarify previous comments 
or proposed changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS 
KNOWN TO THE COMMISSION FOR HEALTH SER- 
VICES THROUGH THE PUBLIC HEARING AND COM- 
MENT PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE PRO- 
POSED RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMISSION 
MEETING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13B - SOLID WASTE 
MANAGEMENT 

SECTION .0100 - GENERAL PROVISIONS 

.0101 DEFINITIONS 

The definitions in G.S. 130A-29O and the following 
definitions shall apply throughout this Subchapter: 

(1) "Airport" means public-use airport open to the 
public without prior permission and without 
restrictions within the physical capacities of 
available facilities. 

(2) "Blood products" means all bulk blood and blood 
products. 

(3) "Cell" means compacted solid waste completely 
enveloped by a compacted cover material. 

(4) "Disposal" means the discharge, deposit, injection, 
dumping, spilling, leaking, or placing of any solid 
waste into or on any land so that such solid waste 
or any constituent thereof may enter the environ- 
ment or be emitted into the air or discharged into 
any water, including groundwaters. 

(5) "Demolition landfill" means a sanitary landfill that 



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June 15, 1995 



350 



PROPOSED RULES 



is limited to receiving stumps, limbs, leaves, (19) 

concrete, brick, wood, uncontaminated earth or 
other solid wastes as approved by the Division. 

(6) "Division" means the Director of the Division of 
Solid Waste Management or the Director's autho- 
rized representative. (20) 

(7) "Explosive gas" means Methane (CH 4). 

(8) "Federal act" means the Resource Conservation 

and Recovery Act of 1976, P.L. 94-580, as (21) 

amended. 

(9) "Floodplain" means the lowland and relatively flat 
areas adjoining inland and coastal waters, includ- 
ing flood-prone areas of offshore islands, which 
are inundated by the 100-year flood. 

(10) "Garbage" means all putrescible wastes, including 
animal offal and carcasses, and recognizable 
mdustrial by-products, but excluding sewage and 
human waste. 

(11) "Hazardous waste" means a solid waste, or combi- 
nation of solid wastes, which because of its quan- 
tity, concentration, or physical, chemical or 
infectious characteristics may: 

(a) cause or significantly contribute to an increase in 
mortality or an increase in serious irreversible or 
incapacitating reversible illness: or 

(b) pose a substantial present or potential hazard to 
human health or the environment when improp- 
erly treated, stored, transported, or disposed of, 
or otherv.'ise managed. 

(12) "Hazardous waste facility" means a facility for the 
storage, collection, processing, treatment, recy- 
cling, recovery or disposal of hazardous waste. 

(13) "Hazardous waste landfill facility" means any 
facility or any portion of a facility for disposal of 
hazardous waste on or m land in accordance with 
rules promulgated under this article. 

(14) "Incineration" means the process of burning solid, 
semi-solid or gaseous combustible wastes to an 
inoffensive gas and a residue containing little or (28) 
no combustible material. 

(15) "Leachate" means any liquid, including any (29) 
suspended components in liquid, that has perco- 
lated through or drained from solid waste. 

(16) "Lxiwer explosive limit" means the lowest percent 
by volume of a mixture of explosive gases which 

uill propagate a flame in air at 25°C and atmo- (30) 

spheric pressure. 

(17) "Microbiological wastes" means and includes (31) 
cultures and stocks of etiologic agents. The term 
includes cultures of specimens from medical, 
pathological, pharmaceutical, research, commer- 
cial, and industrial laboratories. (32) 

(18) "One-hundred year flood" means a flood that has 
a 4- one percent or less chance of recurring in any 
year or a flood of a magnitude equaled or ex- 
ceeded once in 100 years on the average over a (33) 
significantly long period. 



(22) 



(23) 



(24) 



(25) 



(26) 
(27) 



"Open burning" means any fire wherein the 
products of combustion are emitted directly into 
the outdoor atmosphere and are not directed 
thereto through a stack or chimney, incinerator, or 
other similar devices. 

"Open dump" means a solid waste disposal site 
that does not have a permit, or does not comply 
with the rules set forth in this Subchapter. 
"Pathological wastes" means and includes human 
tissues, organs, body parts, secretions and excre- 
tions, blood and body fluids that are removed 
during surgery and autopsies; and the carcasses 
and body parts of all animals that were exposed to 
pathogens in research, were used in the production 
of biologicals or in the in vivo testing of 
pharmaceuticals, or that died of known or sus- 
pected infectious disease. 

"Person" means an individual, corporation, com- 
pany, association, partnership, unit of local gov- 
ernment, state agency, federal agency, or other 
legal entity. 

"Putrescible" means solid waste capable of being 
decomposed by microorganisms with sufficient 
rapidity as to cause nuisances from odors and 
gases, such as kitchen wastes, offal and carcasses. 
"Radioactive waste material" means any waste 
containing radioactive material as defined in G.S. 
104E-5(14). 

"Recycling" means the process by which recov- 
ered resources are transformed into new products 
in such a manner that the original products lose 
their identity. 

"Refuse" means all non-putrescible waste. 
"Regulated Medical Waste" means blood and body 
fluids in individual containers in volumes greater 
than 20 ml, microbiological waste, and pathologi- 
cal waste that have not been treated pursuant to 
Rule .1207 of this Subchapter. 
"Respondent" means the person against whom an 
administrative penalty has been assessed. 
"Resources recovery" means the process of obtain- 
ing material or energy resources from discarded 
solid waste which no longer has any useful life in 
its present form and preparing such solid waste for 
recycling. 

"Runoff" means the portion of precipitation that 
drains from an area as surface flow. 
"Sanitary landfill" means a facility for disposal of 
solid waste on land in a sanitary manner in accor- 
dance with Article 9 of Chapter 130 A and this 
Subchapter. 

"Sediment" means solid particulate matter both 
mineral and organic, that has been or is being 
transported by water, air, gravity, or ice from its 
site of origin. 

"Sharps" means and includes needles, syringes, 
and scalpel blades. 



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(34) "Siltation" means sediment resulting from acceler- 
ated erosion which is settleable or removable by 
properly designed, constructed, aiid maintained (e) 
control measures and which has been transported 

from its point of origin within the site 
land-disturbing activity and which has been depos- 
ited, or is in suspension in water. 

(35) "Sludge" means any solid, semisolid or liquid 
waste generated from a municipal, commercial, 
institutional, or industrial wastewater treatment 
plant, water supply treatment plant, or air pollu- 
tion control facility or any other such waste (37) 
having similar characteristics and effect. 

(36) "Solid waste" means any hazardous or nonhazard- 
ous garbage, refuse, or sludge from a waste 
treatment plant, water supply treatment plant, or (38) 
air p)ollution control facility, domestic sewage and 
sludges generated by the treatment thereof in 
sanitary sewage collection, treatment and disposal 
systems, and other material that is either discarded (39) 
or is being accumulated, stored or treated prior to 

being discarded, or has served its original intended (40) 

use and is generally discarded, includmg solid, 
liquid, semisolid or contained gaseous material (41) 

resulting from industrial, institutional, commercial 
and agricultural operations, and from community 
activities. The term does not include. 

(a) Fowl and animal fecal waste: or 

(b) Solid or dissolved material in: (42) 
(i) domestic sewage and sludges generated by the 

treatment thereof in sanitary sewage collection, 
treatment and disposal systems which are (43) 

designed to discharge effluents to the surface 
waters; 

(ii) irrigation return flows; and 

(iii) wastewater discharges and the sludges mciden- 
tal thereto and generated by the treatment 
thereof which are point sources subject to (44) 

permits granted under Section 402 of the 
Federal Water Pollution Control Act, as 
amended (P.L. 92-500), and permits granted (45) 

under G.S. 143-215.1 by the Environmental 
Management Commission; except that any 
sludges that meet the criteria for hazardous 
waste under the Federal Resource Conserva- (46) 

tion and Recovery Act (P.L. 94-580) as 
amended, shall also be a solid waste for the 
purposes of this Article: or 

(c) Oils and other liquid hydrocarbons controlled (47) 
under Article 21A of Chapter 143 of the North 
Carolina General Statutes: except that any such 

oils or other liquid hydrocarbons that meet the 
criteria for hazardous waste under the Federal (48) 

Resource Conservation and Recovery Act (P.L. 
94-580) as amended, shall also be a solid waste 
for the purposes of this Article; or 

(d) Any radioactive material as defined by the North 



Carolina Radiation Protection Act, G.S. 104E-1 
through 104E-23; or 

Mining refuse covered by the North Carolina 
Minmg Act, G.S. 74-46 through 74-68 and 
regulated by the North Carolina Mining Com- 
mission (as defined under G.S. 143B-290); 
except that any specific mining waste that meets 
the criteria for hazardous waste under the Fed- 
eral Resource Conservation and Recovery Act 
(P.L. 94-580) as amended, shall also be a solid 
waste for the purposes of this Article. 
"Solid waste collector" means any person who 
collects or transports solid waste by whatever 
means, including but not limited to, highway, rail, 
and navigable waterway. 

"Solid waste disposal site", or "site" means any 
place at which solid wastes are disposed of by 
incineration, sanitary landfill, demolition landfill 
or any other acceptable method. 
"Solid waste generation" means the act or process 
of producing solid waste. 

"Solid waste generator" means any person who 
produces solid waste. 

"Solid waste management" means purposeful, 
systematic control of the generation, storage, 
collection, transport, separation, treatment, pro- 
cessing, recycling, recovery and disposal of solid 
waste. 

"Solid waste management facility" means land, 
personnel, and equipment used in the management 
of solid waste. 

"Spoiled food" means any food which has been 
removed from sale by the United States Depart- 
ment of Agriculture, North Carolina Department 
of Agriculture, Food and Drug Administration, or 
any other regulatory agency having jurisdiction in 
determining that food is unfit for consumption. 
"Steam sterilization" means treatment by steam at 
high temperatures for sufficient time to render 
infectious waste non-infectious. 
"Storage" means the containment of solid waste, 
either on a temporary basis or for a period of 
years, in such a manner as not to constitute dis- 
posal. 

"Transfer facility" means a permanent structure 
with mechanical equipment used for the collection 
or compaction of solid waste prior to the transpor- 
tation of solid waste for final disposal. 
"Treatment and processing facility" means a 
facility used in the treatment and processing of 
putrescible solid waste for final disposal or for 
utilization by reclaiming or recycling. 
"Treatment" means any method, technique, or 
process, including neutralization, designed to 
change the physical, chemical, or biological 
character or composition of any solid waste so as 
to neutralize such waste or so as to render such 



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PROPOSED RULES 



waste non-hazardous, safer for transport, amena- 
ble for recovery, amenable for storage, or reduced 
in volume. Such term includes any activity or (62) 

processing designed to change the physical form 
or chemical composition of solid waste so as to 
render it non-hazardous. (63) 

(49) "Unit of local government" means a county, city, 
consolidated city-county, sanitary district, or other 

local political subdivision, authority or agency of (64) 

local government. 

(50) "Vector" means a carrier, usually an arthropod, (65) 
that is capable of transmitting a pathogen from one 
organism to another. 

(51) "Water supply watershed" means an area from 

which water drains to a point or impoundment, (66) 

and the water is then used as a source for a public 
water supply. 

(52) "Water table" means the upper limit of the portion 
of the ground wholly saturated with water. 

(53) "Working face" means that portion of the land 
disposal site where solid wastes are discharged, (67) 
spread, and compacted prior to the placement of 

cover material 

(54) "Agricultural Waste" means waste materials (68) 
produced from the raising of plants and animals, 
including animal manures, bedding, plant stalks, 

hulls, and vegetable matter 

(55) "Backyard Composting" means the on-site com- 
posting of yard waste from residential property by 

the owner or tenant for non-commercial use. (69) 

(56) "Compost" means decomposed, humus-like or- 
ganic matter, free from pathogens, offensive 
odors, toxins or materials harmful at the point of 
end use. Compost is suitable for use as a soil 
conditioner with varying nutrient values. 

(57) "Composting Pad" means a surface, whether soil (70) 
or manufactured, where the process of composting 

takes place, and where raw and finished materials 
are stored 

(58) "Compost Facility" means a solid waste facility 
which utilizes a controlled biological process of 
degrading non-hazardous solid waste. A facility (71) 
may include materials processing and hauling 
equipment, structures to control drainage; and 
structures to collect and treat leachate; and storage (72) 
areas for the incoming waste, the final products, 

and residual materials. 

(59) "Composting" means the controlled decomposition 

of organic waste by naturally occurring bacteria. (73) 

yielding a stable, humus-like, pathogen-free final 
product resulting in volume reduction of 30 - 75 
percent. 

(60) "Curing" means the final state of composting, 

after the majority of the readily metabolized (74) 

material has been decomposed, in which the 
compost material stabilizes and dries. 

(61) "Pathogens" means organisms that are capable of (75) 



producing infection or diseases, often found in 
waste materials. 

"Silviculture Waste" means waste materials pro- 
duced from the care and cultivation of forest trees, 
including bark and woodchips. 
"Soil Group I" means soil group I as defined in 
15A NCAC 13B .0807(a)(1)(A) of the Septage 
Management Rules. 

"Windrow" means an elongated compost pile 
(typically eight feet wide by ten feet high). 
"Yard Waste" means "Yard Trash" and 
"Land-clearing Debris" as defined in G.S. 
130A-290, including stumps, limbs, leaves, grass, 
and untreated wood. 

"Residues from Agricultural Products and Process- 
ing" means solids, semi-solids or liquid residues 
from food and beverage processing and handling; 
silviculture; agnculture; and aquaculture opera- 
tions that are non-toxic, non-hazardous, and 
contain no domestic wastewater. 
"Treatment and Processing Waste" means waste 
that is a residual solid from a wastewater treat- 
ment or pretreatment facility. 
"Industrial Process Waste" means any solid, 
semi-solid, or liquid waste generated by a manu- 
facturing or processing plant which is a result of 
the manufacturing or processing process. TTiis 
definition does not include packaging materials 
associated with such activities. 
"Mulch" means a protective covering of various 
substances, especially organic, to which no plant 
food has been added and for which no plant food 
is claimed. Mulch is generally placed around 
plants to prevent erosion, compaction, evaporation 
of moisture, freezing of roots, and weed growth. 
"Soil Scientist" means an individual who is a 
Certified Professional Soil Scientist or Soil Spe- 
cialist by American Registry of Certified Profes- 
sional in Agronomy, Crops, and Soils 
(ARCPACS) or an individual that demonstrates 
equivalent experience or education. 
"Foreign Matter" means metals, glass, plastics, 
rubber, bones, and leather, but does not include 
sand, grit, rocks or other similar matenals. 
"Land clearing waste" means solid waste which is 
generated solely from land clearing activities such 
as stumps, trees, limbs, brush, grass, and other 
naturally occurring vegetative material. 
"Land clearing and inert debris landfill" means a 
facility for the land disposal of land cleanng 
waste, concrete, brick, concrete block, uncontami- 
nated soil, gravel and rock, untreated and un- 
painted wood, and yard trash. 
"Yard trash" means solid waste resulting from 
landscaping and yard maintenance such as brush, 
grass, tree limbs, and similar vegetative material. 
"Erosion control measure, structure, or device" 



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means physical devices constructed, and manage- 
ment practices utilized, to control sedimentation 
and soil erosion such as silt fences, sediment 
basins, check dams, channels, swales, energy 
dissipation pads, seeding, mulching and other 
similar items. 
(76) "Industrial Solid Waste Landfill" means a facility 
for the land disposal of "industrial solid waste" as 
defined in Item (11) of Rule .1602 of this Sub- 
chapter, and is not a land application unit, surface 
impoundment, injection well, or waste pile, as 
defined under 40 CFTl Part 257. 

Statutory Authority G.S. 130A-294. 

,0103 GENERAL CONDITIONS 

(a) All solid waste shall be stored, collected, transported, 
separated, processed, recycled, recovered, and disposed of 
in a manner consistent with the requirements of these Rules. 
The Division of Solid Waste Management is responsible for 
the enforcement of these Rules. 

(b) No radioactive waste material shall be collected and 
transported, stored, treated, processed, disposed of or 
reclaimed, except as specifically authorized by a radioactive 
material Ucense issued by the Division of Radiation Protec- 
tion, DEHNR. 

(c) Solid waste shall be disposed of at a solid waste 
disposal site in accordance with the Solid Waste Manage- 
ment Act and the Federal Act. Hazardous waste, lead acid 
batteries, liquid waste, including used oil, regulated medical 
waste, and any other wastes that may pose a threat to the 
environment or the public health, as determined by the 
Division, are prohibited from disposal at a solid waste 
disposal site. 

(d) The Division has developed a "Procedure and Criteria 
for Waste Determination" which is used to determine 
whether a waste is: 

(1) hazardous as defined by 15A NCAC 13 A, and 

(2) suitable for disposal at a solid waste manage- 
ment facility 

Information required for evaluation includes the identity of 
the generator, identity of the waste and how it was gener- 
ated, and laboratory results indicating the chemical constitu- 
ency of the waste. Copies of "Procedure and Criteria for 
Waste Determination" may be obtained from and inspected 
at the Division, P.O. Box 27687. Raleigh. N.C 
27611-7687. The waste deterrmnation procedure shall be 
used for; 

(A) Waste which is generated outside the popula- 
tion and geographic area which the solid waste 
management facility is permitted to serve 
under .0504(1 )(g). 

(B) Waste from a transfer facility other than a 
facility permitted under these Rules. 

(C) Waste generated by a new generator inside the 
population and geographic area which the Solid 
Waste Management Facility is permitted to 



serve if the components of the waste cannot be 
readily determined otherwise. 

(D) Waste generated through a change in industrial 
process by an existing generator, provided the 
components of the waste cannot be readily 
determined otherwise. 

(E) A load of waste which a sanitary landfill 
operator suspects may contain materials which 
the facility is not permitted to receive. 

(F) Requests by a generator Interested in transport- 
ing waste to an identified solid waste manage- 
ment facility for treatment and processing, 
transfer or disposal, 

(G) All sludges except sludge from water treatment 
plants. 

(\l) Other wastes deemed appropriate by the Divi- 
sion for testing before transporting to a solid 
waste management facility. 

(e) No p>erson shall dispwse or cause the disposal of solid 
waste in or on waters in a manner that results in solid 
waste's entering waters or being dep>osited upon lands of the 
state. 

(f) White Goods shall not be disposed of at a solid waste 
disposal site after January 1, 1991. 

(g) By July 1, 1991, all solid waste management facilities 
owned and operated by or on behalf of a local government, 
except facilities which will receive no waste after July 1, 
1992, shall install scales and weigh all solid waste when it 
is received at the facility. 

(h) By July 1, 1991, each local government operating a 
permitted solid waste management facility shall initiate a 
solid waste recycling program which shall be designed to 
achieve the goal of recycling at least 25 percent of the 
municipal solid waste stream by January 1, 1993, prior to 
final disposal or incineration at a solid waste disposal 
facility 

(i) After January 1. 1998, all active sanitary landfills 
(except land clearing and inert debris landfills) shall be 
equipped with liners, leachate collection systems and final 
cover systems as required in Sections .0500 and . 1600 of 
this Subchapter . 

Statutory Authority G. S. 130A-294. 

SECTION .0500 - DISPOSAL SITES 

-0503 SITING AND DESIGN REQUIREMENTS FOR 
DISPOSAL SITES 

Disposal sites shall comply with the following require- 
ments in order for a permit to be issued: 
(1) A site shall meet the following siting require- 

ments: 
(a) A site located in a floodplain shall not restrict 

the flow of the 100-year flood, reduce the 
temporary water storage capacity of the flood- 
plain or result in washout of solid waste so as to 
pose a hazard to human life, wildlife or land or 



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354 



PROPOSED RULES 



water resources. 

(b) A site shall be located in consideration of the 
following: 

(i) a site shall not cause or contribute to the 
taking of any endangered or threatened species 
of plants, fish or wildlife; 

(ii) a site shall not result in the destruction or 
adverse modification of the critical habitat of 
endangered or threatened species as identified 
in 50 C.F.R. Part 17 which is hereby incorpo- 
rated by reference including any subsequent 
amendments and editions. This information is 
available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Solid Waste Management, 401 
Oberlin Road, Raleigh, North Carolina 27605 
where copies can be obtained at no cost; 

(iii) a site shall not damage or destroy an archaeo- 
logical or historical site; and 

(iv) a site shall not cause an adverse impact on a 
state park, recreation or scenic area, or any 
other lands included in the state nature and 
historic preserve. 

(c) A new site disposing of putrescible wastes shall 
not be located within 10,000 feet of an airport 
runway used by turbojet aircraft or within 5,000 
feet of an airport runway used by piston-type 
aircraft; and 

(d) A site shall have available adequate suitable soils 
for cover either on-site or from off-site. 

(2) A site shall meet the following design require- 

ments: 

(a) The concentration of explosive gases generated 
by the site shall not exceed: 

(i) twenty-five percent of the limit for the gases in 
site structures (excluding gas control or recov- 
ery system components); and 

(ii) the lower explosive limit for the gases at the 
property boundary; 

(b) A site shall not allow uncontrolled public access 
so as to expose the public to potential health and 
safety hazards at the disposal site; 

(c) A site shall meet the following surface water 
requirements: 

(i) A site shall not cause a discharge of pollutants 
into waters of the state that is in violation of 
the requirements of the National Pollutant 
Discharge Elimination System (NPDES), under 
Section 402 of the Clean Water Act, as 
am e nd e d; amended, or that is in violation of 
standards promulgated under G.S. 143-214. 1 
and G.S. 143-215; 

(ii) A site shall not cause a discharge of dredged 
material or fill material into waters of the state 
that is in violation of the requirements under 
Section 404 of the Clean Water Act, as 
amended; and amended, or that is in violation 



of any state requirements regulating the dis- 
charge of dredged or fill material into waters 
of the state, including wetlands; and 
(iii) A site shall not cause non-point source pollu- 
tion of waters of the state that violates assigned 
water quality standards; standards. 
(d) A site shall meet the following ground water 
requirements: 
(i) Now sanitary landfills and lateral cxponsiona of 
e xisting londfillo, oxoopt land oloaring and 
in e rt d e bris landfills, must b e dooigned with 
liners, loachato coUoction systoma, and final 
cover systoms as noccssary to comply with 
ground wat e r standards ao e stablish e d und e r 
15A NCAC 2L. — 15 A NCAC 2L is h e r e by 
incorporated by reference including any subso 
quont amendments and editions. — This material 
i s availabl e for insf> e ction at the Departm e nt of 
Environm e nt, H e alth, and Natural R e sourc e s, 
Division of Solid Waste Management, — 404- 
Oborlin — Road, — Raioigh. — North — Carolina 
27605, wh e r e copi e s can b e obtain e d at no 

(i) (ii) A site, except for land clearing and inert 
debris landfills subject to Rule .0564(8)(e) of 
this Section, shall be designed so that the 
bottom elevation of solid waste will be a 
minimum of four feet above the seasonal high 
water table; 

(ii) New industrial solid waste landfills, lateral 
expansions of existing industrial solid waste 
landfills, and industrial solid waste landfills 
receiving solid waste on or after January \^ 
1998 shall be designed with a composite liner 
system consisting of two components; the 
upper component shall consist of a minimum 
30-mil flexible membrane liner (FML), and 
the lower component shall consist of at least a 
two-foot layer of compacted soil with a hy- 
draulic conductivity of no more than 1 X 10"^ 
cm/sec. FML components consisting of high 
density polyethylene (HDPE) shall be at least 
60-mil thick. The FML component shall be 
installed in direct and uniform contact with the 
compacted soil component. 

(iii) Applicants may submit an alternative design 
that will ensure that the ground water stan- 
dards established under 15A NCAC 2L will 
not be exceeded in the uppermost aquifer at 
the compliance boundary established by the 
Division in accordance with 15A NCAC 2L. 
An alternative design shall be based upon 
modeling methods acceptable to the Division, 
which shall include, at a minimum, the follow- 
ing factors: 
(A) The hydrogeologic characteristics of the 
facility and surrounding land; 



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(B) The climatic factors of the area: and 

(C) The volume and physical and chemical 
characteristics of the leachate. 

(iv) Industrial solid waste landfills shall comply 
with ground water standards established under 
15A NCAC 2L at the compliance boundary. 

(e) A site shall not engage in open burning of solid 
waste; 

(f) A site, except a land clearing and inert debris 
landfill, shall meet the following buffer require- 
ments: 

(i) A 50-foot minimum buffer between all prop- 
erty lines and disposal areas; 

(ii) A 500-foot minimum buffer between private 
dwellings and wells and disposal areas, and 

(iii) A 50-foot minimum buffer between streams 
and rivers and disposal areas; and areas. 

(g) Requirements of the Sedimentation Pollution 
Control Law (15A NCAC 4) shall be met. 

Statutory Authority G.S. 130A-294. 

SECTION .1600 - REQUIREMENTS FOR 

MUNICIPAL SOLID WASTE LANDFILL 

FACILITIES (MSWLFs) 

.1627 CLOSURE AND POST-CLOSURE 

REQUIREMENTS FOR MSWLF FACILITIES 

(a) Purpose. This Rule establishes criteria for the closure 
of all MSWLF units and subsequent requirements for 
post-closure compUance. The owner or operator is required 
to develop specific plans for the MSWLF facility imder Rule 
.1629. 

(b) Scope. 

(1) Closure. Standards are established for the 
scheduling and documenting closure of all 
MSWLF units, and designing the cap system. 
Construction requirements for the cap system 
incorporate specific requirements from Rule 
.1624 of this Section. 

(2) Post-closure. Standards are established for the 
monitoring and maintenance of the MSWLF 
unit(s) following closure. 

(c) Closure criteria. 

(1) New and existing MSWLF units and lateral 

expansions shall install a cap system that is 
designed to minimize infiltration and erosion. 
The cap system shall be designed and con- 
structed to: 

(A) Have a permeability less than or equal to the 
permeability of any base liner system or the 
in-situ subsoils underlaying the landfill, or the 
permeability specified for the final cover in the 
effective permit, or a permeability no greater 
than 1 X lO' cm/sec, whichever is less; 

(B) Minimize infiltration through the closed 
MSWLF by the use of a low-permeability 



barrier that contains a minimum 18 inches of 
earthen material; and 
(C) MLnimize erosion of the cap system and pro- 
tect the low-permeability barrier from root 
penetration by use of an erosion layer that 
contains a minimum of six inches of earthen 
material that is capable of sustaining native 
plant growth. 

(2) The Division may approve an alternative cap 
system if the owner or operator can adequately 
demonstrate the following: 

(A) The alternative cap system will achieve an 
equivalent or greater reducrion in infiltration as 
the low-permeability barrier specified in Sub- 
paragraph (1) of this Paragraph; and 

(B) The erosion layer will provide equivalent or 
improved protection as the erosion layer speci- 
fied in Subparagraph (3) of this Paragraph. 

(3) Construction of the cap system for all MSWLF 
units shall conform to the requirements set forth 
in Subparagraphs (l5)(8), (b)(9) and (b)(15) of 
Rule .1624 and the following requirements: 

(A) Post-settlement surface slopes shall be a mini- 
mum of five percent and a maximum of 25 
percent; and 

(B) A gas venting or collection system shall be 
installed below the low-permeability barrier to 
minimize pressures exerted on the barrier. 

(4) Prior to beginning closure of each MSWLF unit 
as specified in Subparagraph (5) of this Para- 
graph, an owner or operator shall notify the 
Division that a notice of the intent to close the 
unit has been placed in the operating record. 

(5) The owner or operator shall begin closure 
activities of each MSWLF unit no later than 30 
days after the date on which the MSWLF unit 
receives the known final receipt of wastes or, if 
the MSWLF unit has remaining capacity and 
there is a reasonable likelihood that the MSWLF 
unit will receive addifional wastes, no later than 
one year after the most recent receipt of wastes. 
Extensions beyond the one-year deadline for 
beginning closure may be granted by the Divi- 
sion if the owner or operator demonstrates that 
the MSWLF unit has the capacity to receive 
additional wastes and the owner or operator has 
taken and will continue to take all steps neces- 
sary to prevent threats to human health and the 
environment from the unclosed MSWLF unit. 

(6) The owner or operator of all MSWLF units shall 
complete closure acfivities of each MSWLF unit 
in accordance with the closure plan within 180 
days following the begirming of closure as 
specified in Subparagraph (5) of this Paragraph. 
Extensions of the closure period may be granted 
by the Division if the owner or operator demon- 
strates that closure will, of necessity, take longer 



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356 



PROPOSED RULES 



than 180 days and they have taken and will 
continue to take all steps to prevent threats to 
human health and the environment from the 
unclosed MSWLF unit. 

(7) Following closure of each MSWLF unit, the 
owner or operator shall notify the Division that 
a certification, signed by the project engineer 
verifying that closure has been completed in 
accordance with the closure plan, has been 
placed in the operating record. 

(8) Recordation. 

(A) Following closure of all MSWLF units, the 
owner or operator shall record a notation on 
the deed to the landfill facility property, or 
some other instrument that is normally exam- 
ined during title search, and notify the Divi- 
sion that the notation has been recorded and a 
copy has been placed in the operatmg record. 

(B) The notation on the deed shall in perpetuity 
notify any potential purchaser of the property 
that: 

(i) The land has been used as a landfill facil- 
ity; and 
(ii) Its use is restricted under the closure plan 
approved by the Division. 

(9) The owner or operator may request permission 
from the Division to remove the notation from 
the deed if all wastes are removed from the 
facility, 

(10) Existing MSWLF units. The following criteria 
shall apply to existing MSWLF units not de- 
signed and constructed with a base liner system 
permitted by the Division. 

(A) The existing MSWLF unit shall cease receiv- 
mg solid waste on or before January 1 , 199 8 . 
1998, unless the permittee meets all of the 
requirements in Part (c)(10)(B) of this Rule. 

(B) The permittee of an existing MSWLF unit who 
has implemented solid waste reduction and 
recycling programs which reduced the amount 
of waste which would have otherwise utilized 
permitted municipal solid waste disposal capac- 
ity may continue to receive solid waste for 
disposal subject to Di\'ision approval of an 
amended transition plan submitted by January 
J_^ 1996. The permittee shall provide docu- 
mentation that its waste reduction and rec\ - 
cling programs have resulted in a decrease in 
the amount of waste disposed in the MSWLF 
unit. The amended transition plan shall in- 
clude the following: 

(i) A program contracted for or provided by 
the permittee of the municipal solid waste 
landfill to minimize the amount of house- 
hold hazardous waste disposed in the 
landfill. Tliis program shall be imple- 
mented within six months of Division 



approval and include at a minimum: 

(D A collection facility to provide for the 

management of paints and solvents. 

pesticides, automotive products and 

household cleaners; 

(TI) A provision for collection to be made 

available on a monthly basis: 
(ni) An education program to inform the 

public of the program; and 
(IV) Information necessary to meet permit 
requirements for the facility, 
(ii) A cap system design consisting of a com- 
pacted clay liner and a geomembrane liner 
in accordance with Subparagraphs (b)£8) 
and (Tj)(9) of Rule .1624 of this Section or 
a cap of substantially equivalent reduction 
in infiltration as approved by the Division. 
(iii) The cap system designed under Subpart 
(c)(10)(B)(ii) of this Rule shall cover all 
areas of contiguous waste of the existing 
MSWLF unit, including areas within the 
unit where waste was placed prior to 
October 9, 1991. 
(iv) The amended transition plan shall propose 
a design capacity not to exceed the volume 
of the most recent three years of cumula- 
tive solid waste disposal in the landfill. 
No additional capacity shall be permitted 
by the Division. 

(C) An amended transition plan submitted under 
this Section shall be subject to the permitting 
and public information procedures of Para- 
graph (c) of Rule .1603. 

(D) (&) Tlie Division shall schedule closure of the 
existing MSWLF unit based on its review of 
the application submitted in accordance with 
Paragraph (d) of Rule .1617 and reviewed in 
accordance with Subparagraph Paragraph (d) 
of Rule .1603. 

(E) fG^ Final contours for the existing MSWLF 
unit shall be consistent with the capacity re- 
quirements necessary to close the unit in 
accordance with the requirements of this 
Subparagraph. 

(d) Post-closure criteria. 
(1) Following closure of each MSWLF unit, the 

owner or operator shall conduct post-closure 
care. Post-closure care shall be conducted for 
30 years, except as provided under Subpara- 
graph (2) of this Paragraph, and consist of at 
least the following: 
(A) Maintaining the integrity and effectiveness of 
any cap system, including making repairs to 
the cover as necessary to correct the effects of 
settlement, subsidence, erosion, or other 
events, and preventing run-on and run-off 
from eroding or otherwise damaging the cap 



357 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



system; 

(B) Maintaining and operating the leachate collec- 
tion system in accordance with the require- 
ments in Rules 1624 and .1626. The Division 
may allow the owner or operator to stop 
managing leachate if the owner or operator 
demonstrates that leachate no longer poses a 
threat to human health and the environment; 

(C) Monitoring the ground water and surface water 
in accordance with the requirements of Rules 
.1631 through .1637 and maintaining the 
ground-water monitoring system, if applicable; 
and monitoring the surface water in accordance 
with the requirements of Rule .0602; and 

(D) Maintaining and operating the gas monitoring 
system in accordance with the requirements of 
Rule .1626 of this Section. 

(2) The length of the post-closure care period may 
be; 

(A) Decreased by the Division if the owner or 
operator demonstrates that the reduced period 
is sufficient to protect human health and the 
environment and this demonstration is ap- 
proved by the Division; or 

(B) Increased by the Division if the Division 
determines that the lengthened period is neces- 
sary to protect human health and the environ- 
ment. 

(3) Following completion of the post-closure care 
period for each MSWLF unit, the owner or 
operator shall notify the Division that a certifica- 
tion, signed by a registered professional engi- 
neer, verifying that post-closure care has been 
completed in accordance with the post-closure 
plan, has been placed in the operating record. 

Statutory Authorin G.S. 130A-294. 



Division to regulate portable toilet waste, certain sludges, 
grease trap pumpings and commercial and industrial 
septage. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or submit- 
ted to Joan Troy, Solid Waste Section, 401 Oberlin Road, 
Suite 150, Raleigh, NC 27611-7687. All written comments 
must be received by July 17, 1995. Persons who wish to 
speak at the hearing should contact Ms. Troy at (919) 
733-0692, extension 342. Persons who call in advance of 
the hearing will be given priority on the speaker's list. Oral 
presentation lengths may be limited depending on the 
number of people that wish to speak at the public hearing. 
Only persons who have made comments at a public hearing 
or who have submitted written comments will be allowed to 
speak at the Commission meeting. Comments made at the 
Commission meeting must either clarify previous comments 
or proposed changes from staff pursuant to comments made 
during the public hearing process. 

ITIS VERY IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS 
KNOWN TO THE COMMISSION FOR HEALTH SER- 
VICES THROUGH THE PUBLIC HEARING AND COM- 
MENT PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE PRO- 
POSED RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMISSION 
MEETING IF THE CHANGES COMPLY WITH G.S. 
I50B-2I.2(f). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state finds. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Serx'ices intends to repeal rules cited as 15 A NCAC 13B 
0802 - .0814 and adopt rules cited as 15A NCAC 13B 
.0815 - .0829. 

Proposed Effective Date: October L 1995. 

A Public Hearing will be conducted at 1:30 p.m. on July 
11, 1995 at the Ground Floor Hearing Room, Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: Repeal of existing septage 
rules and adoption of new rules is necessary to accommo- 
date recent changes in minimum standards for septage 
dwpo.sal specified by U.S. EPA 40 CFR 503. Additionally, 
the 1992 and 1993 N.C. Legislative Sessions require the 



SUBCHAPTER 13B - SOLID WASTE 
MANAGEMENTT 

SECTION .0800 - SEPTAGE MANAGEMENT 

.0802 DEFINITIONS 

Tho following definitions shall apply throughout this 

S(?ot i on: 

— (-H "D e partm e nt" m e ans th e D e partment of Environ 

mcnt. Health, and Natural Rc s ouroos; 

(2) "Place of business" moans any store, warohouso, 

manufacturing e stabli s hm e nt, plac e of amus e m e nt 
ef — r e cr e ation, — s e n i 'ic e — station, — feed — handling 
establishment, or any other place whore people 
work or arc served. 

— (¥> "Plac e of public assembly" means any fairground, 

auditorium, s tadium, ohuroh, oampground. th e 
ater. s chool, or any other place wh e re people 
gathor or congregate. 



10:6 



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June 15, 1995 



358 



PROPOSED RULES 



-44-) "Rcsidonoo" — means — afHr — homo. — hotol. — motel, 

summ e r camp, labor work camp, mobil e hom e . 

dwelling unit in a multipl e family structur e , or any 

other place where pooplo reside. 
-f#^ "Rook" means the consolidated or partially consol 

idat e d min e ral — matt e r or aggr e gat e . — including 

bedrock or w e ath e r e d rock, not e xhibiting th e 

properties of soil. 

"Septage" — means — septago — as dofmod — in G.S. 

I30A 290(a)(32). 

"Soptng e managem e nt firm" moans s e ptag e man 



-i^ 



-m- 



-f^ 



-i^ 



agement firm as defmed in G.S. 130A 20O(a)(33). 
"Soil" — means — the unconsolidated — mineral — and 
organic mnt e rial of th e land s urfac e . — It consists of 
sand. silt, and ola) mm e rals and variabl e amounts 
of organic materials. 

"Soil textural classes" means soil classification 
bas e d upon siz e distribution of min e ral particl es in 
the fin e earth fraction l e ss than two millim e t e rs in 
diameter. — TTie fine earth fraction includes sand 
f^T^ — 0.05 mm in s ize), silt (0.05 mm — 0.^03 
mm), and cla> — (l e ss than 0.002 mm in siz e ) 
particl e s. — Th e sp e cific t e xtural classes ar e defin e d 
as follows: 

— "Sand" means soil matenal — that contains 85 
p e rc e nt or more of sand: th e p e rc e ntag e of silt 
plus 1.5 tim e s the percentag e of clay shall not 
exceed 15: 



-W- 



f^ 



-fef- 



-^df- 



-i^ 



-f^ 



-^§^ 



-^^ 



-4+^ 



"Loam> sand" means soil material that contains 
at th e upp e r limit 85 to 90 p e rc e nt sand, and th e 
p e rcentag e silt plus 1.5 times th e p e rc e ntag e of 
clay is not less than 15: at the lov . er limit it 
contain s not loss than 70 to 85 percent sand, and 
th e p e rc e ntag e of silt plus twic e th e perc e ntag e 
of clay does not exceed 30: 
"Sandy loam" means soil mat e rial that contains 
cither 20 percent clay or less, and the percentage 
of silt plus rwic e th e p e rcentag e of clay e xoeods 
30. and contains 52 p e rc e nt or mor e cand: or 
less than 7 percent clay, le ss than 50 p e rc e nt 
silt, and between 4 3 and 52 percent sand: 
"Loam" m e ans soil mat e nal that contain s 7 to 27 
fwrc e nt clay, 28 to 50 p e rc e nt silt, and l e ss than 
52 percent sand: 

"Silt loam" means soil material that contains 50 
p e rc e nt or mor e silt and 12 to 27 p e rc e nt clay: 
or contains 50 to 8 p e rc e nt silt and l e ss than 12 
percent clay: 

"Silt" — means — soil material — that contains — 86 
p e rc e nt or mor e silt and l e ss than 12 p e rc e nt 
clay; 

"Sandy clay — loam" — means soil material — tlwf 
contain s 20 to 35 percent clay. — less than 28 
percent silt, and 15 p e rc e nt or mor e sand: 
"Clay loam" m e an s s oil mat e rial that contains 27 
to 40 percent clay and 20 to i 5 percent sand; 
"Silty clay loam" means soil material that con 



tains 27 to 4 percent clay and less than 20 

p e rcent sand; 
{ij "Sandy clay" means soil mat e rial that contains 

35 percent or more clay and 4 5 percent or more 

sand; 
(ii-) "Silt)' clay" moans soil mat e rial that contains '10 

p e rc e nt or more cla) and 10 percent or mora 

(4^ "Clay" moans soil material that contains 4 

percent or more clay, less than 15 percent sand, 
and l e ss than 10 p e rc e nt silt. 

Statuwr\ Authonn- G.S. 130A-291.1. 



0803 SEPTAGE MANAGEMENT FIRM PERMITS 

— ffr) — No septage management firm shall commence or 
continue operation or or after July 1, 1989 unless the firm 
ha s a p e rmit i ss u e d by th e D e partm e nt. 

(b) — If a county or h e alth district in which a s e ptag e 
management firm operate s ha s adopted on ordinance that 
establishes standards for septage management, the septago 
manag e m e nt firm must m ee t thos e standards until January 
1. 1991. 

(c) — To apply for a permit, a septago management firm 
shall submit the following information to the Department: 

(4-) th e own e r's nam e , addr e ss and phon e numb e r; 

f34 th e busin e ss name, address and phone number; 

(-3-) the number and capacity of pumper trucks; 

(4-) the type of pumping equipment used: 



-4^ 



' ■e hiol e lic e ns e and s e rial numb e rs; 



-f4) th e hazardous wast e haul e r numb e r, if applica 

-fh the counties in which the firm operates; 

-(-8-) th e disposal m e thod for s e ptag e ; 



— f9^ th e location of all s e ptag e disposal sites; 

( 10) the disposal method for washings from the 

interior of septage hauling containers; and 
(1 1) th e location of th e disposal sit e for washings 

from th e int e rior of s e ptag e hauling contain e rs. 



Statutory- Authority G.S. 130A-291.1. 

.0804 FEES 

— Every septage management firm shall pay an annual fee by 
January — 1 — ef — eaeh — yeaf — m — accordance — wrth — G.S. 
130a 291.1( e ). F ee s shall b e paid to th e Division's Soptago 
Manag e ment Program. 

Statutory Authority G.S. 130-291.1. 

.0805 SEPTAGE DISPOSAL SITE PERMITS 

— (a) No septage disposal site shall be used for the disposal 
of septage unle s s the sit e i s permitted by the Department. 
(b) All se ptag e di s po s al s it es in operation on January' 1. 
1989 are d ee m e d p e rmitt e d until January 1. 1991. under the 
following condition s : 
(-4-) if a county has an ordinance that established 



359 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



standards for septago disposal aitos. a sito shall 
moot thos e standards; and 



nation. 
(f) i\n annual s e ptago loading rat e (gallons per aoro por 



-(¥) this sit e io op e rated in suoh a mann e r that a y e ar) will b e s p e oifi e d by th e Departm e nt. — Th e nutrient and 



public health hazard is not croatod. 

(3) To continue disposal of soptago on a sito on or 

aftor January' 1, 1991, th e owner or th e p e r s on 
in control of th e sit e shall hav e appli e d for and 
rcooived a permit from the Department. 

— (e) — To commence disposal of s eptago on a site not m 

operation on January' 1. 1989, op e rator of th e s it e s hall hav e 

appli e d for and r e c e iv e d a p e rmit from th e D e partm e nt, 
(d) — To apply for a permit for a soptago disposal sito, 

operator of tho site shall submit the following information 

to th e Departm e nt: 

(4^ the location of th e sit e ; 

(3) the name, address, and phono number of tho 

owner or person in control of the site; 

(39 th e siz e of th e sit e ; 



— (4) th e e stimat e d annual application of s e ptag e in 

gallons; 
— (#) tho uses of tho sito for other than soptago dis 

posal; 
— (6) th e oubotonc eo other than se ptag e pr e viously 

disfHjscd of at this location, and tho amounts of 

other substances; 
— {^^ th e m e thod of storag e or disposal of se ptag e 

during adverse weather condition s ; 
— (8-) tho method of incorporation, and any pretreat 

ment methods, used for septage disposal; 

— (9) th e e quipm e nt u se d at th e s it e ; 

( 10) a writt e n r e port that docum e nt s complianc e with 

Rules .0907 through .0911 of this Section; and 

other pertinent information. 



— ( e ) If a special inv e stigation show s that s it e manag e m e nt 

practic e s can b e utiliz e d to ov e rcom e th e sit e r e strictions in 

.0007 (a)(2)(B), a permit may be issued under the followmg 

conditions: 

(4^ Th e sit e shall b e maintain e d and op e rat e d in a 

marm e r which will prot e ct th e assign e d wat e r 
quality — s tandard s — of tho surface waters and 
ground waters; 

(3) Wat e r tabl e monitoring w e lls shall b e install e d. 

maintained and monitor e d by th e sit e operator at 
locations approved by the Department. The well 
identification number, date of measurement and 
sampling, and d e pth to th e s e asonally high water 
table shall b o r e cord e d in a monitoring w e ll log. 
Minimum depths to the seasonally high v . 'ator 
table, tho monitoring and sampling frequencies, 
or any oth e r r e quired data, will b e sp e cified on 
th e P e rmit to Operate a S e ptag e Disposal Sit o ; 

(3) In tho event that tho water table monitoring 

program is not conducted — according — to the 
p e rmit r e quirem e nts, th e operator shall ooaso 
applying s e ptage to th e site. — Th e op e rator will 
cease tho application of septage if thoro is ovi 
denco of groundwater or surface water contami 



metal statua of the soils, s ite hydraulic constraints, nutrient 
demand of the crop to be grown and tho potential environ 
m e ntal impact of tho operation will bo consid e red wh e n tho 
annual loading rat e i s d e t e rmin e d r- 

Statutory Authority G.S. 130A-291.1. 



.0806 STANDARDS 

The stxmdards in Rules .0907 



.0911 shall be met at all 



septago disposal sites after January 1, 1989, except as 
r e quir e d in Rul e .0905(13). 

Statutory Authority G.S. 130A-291.1. 

.0807 LOCATION OF SEPTAGE DISPOSAL SITES 

(a) Soil Charact e ristics (Morphology) — Th e soil charao 
toristics which shall be evaluated are as follows: 



-(+) Texture — The relative proportions of tho sand. 

silt, and clay siz e d — min e ral particl e s in tho 
fine earth fraction of tho s oil ar e r e ferred to as 
soil texture. — The texture of tho different hori 
zons of soils shall bo classified into throe general 
groups and 12 soil t e xtural class e s based upon 
the — r e lativ e — proportions — of sand. — silt; — asd 
clay sized mineral particles. 

{M — SOIL GROUP I S.\NDY TEXTURE S QfeSf 

Tho sandy group includes th e sand and loamy 
oand t e xtural olassefl. 

(B) — SOIL GROUP II — COARSE LOAMY AND 

FINE LOAMY TEXTURE SOILS: The 

coar se loamy and find loamy group includes 
sandy loam, loam, silt, oilt loam, sandy clay 
loam, clay loam, and silty clay loam textural 
classes. 

(€) — SOIL GROUP III CLAYEY TEXTURE 

SOILS: Th e clay e y group includ e s s andy clay, 
silty clay, and clay textural classe s . 

(©) — The soil textural class shall bo detormined in 

th e fi e ld by hand t e xturing sampl e s of e ach soil 
horizon in th e soil profile using th e following 
criteria: 

{*) Sand: — Sand has a gritty fool, does not 

stain th e fingers, and does not form a 
ribbon or ball wh e n wet or moist; 

(«^ Loamy Sand: — Loamy sand has a gritty 

feel, stains tho fingers (silt and clay), 
forms a woolc ball, and cannot b e handl e d 
without brealcing; 

^m) Sandy Loam: Sandy loam has a gritty fool 

and forms a ball that can bo picked up 
with tho fing e rs and handled with care 
without broalcing; 

Loam: — Loam — may have a slightly gritty 
fool but does not show a fingerprint and 



-^^ 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



360 



PROPOSED RULES 



forms only short ribbons of from 0.25 
inch to 0.50 inch in l e ngth. — Lxiam will 
form a ball that can b e handl e d without 
brooking; 

fv4 Silt Loam: — Silt loam has a floury foci 

when wh e n moiot and will show a fing e r 
print but will not ribbon and forms only a 
weak ball; 

— ^vi^ Siife — Silt has a floury fool when moist and 

otioky wh e n wot but will not ribbon and 
forms a ball that will tolorato som e han 
dling; 

— {vn) Sandy Clay Loam: — Sandy clay loam has a 

gritty f ee l but oontaina e nough clay to 
form a firm ball and may ribbon to for m 
0.75 mch to ono mch long pieces; 

(viii) Silty Clay Loam: — Silty clay loam is sticky 

when moist and will ribbon from on e to 
tv i 'o inch e s. — Rubbing silty clay loam with 
the thumbnail produces a mod e rate sheen. 
Silty clay loam produces a distinct finger 
print; 

— ft*^ Clay Loam: — C l ay l oam is sticky wh e n 

moist. — Clay loam forms a thin ribbon of 
one to two inches in length and produces 
a — slight ohoen — wh e n — rubb e d with th e 

thumbnail. Qay — loam — produc e s — a 

nondistinct fingerprint; 

1*) Sandy Clay: — Sandy clay is plastic, gritty 

and sticky when moist and forms a fir m 
ball and produc e s a thin ribbon to ov e r 
two inches in length; 

— H*+) Silty Clay: — Silty clay is both plastic and 

s ticky when moist and lacks any gritty 
f ee ling. — Silt>' clay form s a ball and r e adily 
ribbons to over two inches in length; 

— f*H^ Clay: Clay is both sticky and plastic when 

moist, produc e s a thin ribbon ov e r two 

inches in l e ngth, produc e s a high sh ee n 

when — rubbed — svith — the — thumbnail. — ftn4 

form s a s trong ball re s istant to breaking. 

-fE) — Th e D e partm e nt — may substitut e laboratory 

d e t e rmination of th e soil t e xtural class as 

defined in these rules by particle size analysis 

of the fine earth fraction (less than 2.0 mm in 

siz e ) using th e sand, silt and clay particl e siz e s 

as d e fin e d in th ese rul es for fi e ld t es ting wh e n 

conducted in accordance with ASTM (Ameri 

con Society for Testing and Materials) D 4 22 

proc e dur e s for si e v e and hydrom e t e r analys e s 

which ar e h e r e by adopt e d by r e f e r e nc e — in 

accordance with G.S. 150B 1 4 (c). — For fine 

loamy and clayey soil s (Groups II and III) the 

disp e rsion tim e shall b e incr e ased to 12 hours. 

Copi e s may b e insp e ct e d in and copi e s ob 

tained from the Department of Environment. 

Health, and Natural Resources. Divi s ion of 



-f^ 



Solid — Waste — Management, — P: — Q-. — Be* 
27611 76 8 7. Ral e igh. NC 37611 7687. 
W e tn e ss Condition: 



(-A) — Soil wetness conditions caused by a seasonal 

high water table, perched water table, tidal 
wat e r, or s e asonally saturat e d coils shall be 
d e t e rmin e d by obs e rs'ation of colors of chroma 
2 or les s (Munsell color chart) in mottles or a 
solid mass. — If drainage modifications have 
be e n made, th e coil w e tness conditions may b e 
determined by dir e ct obsor^'ation of the water 
surface during period s of typically high water 
elevations. — However, colors of chroma 2 or 
l e ss which ar e r e lio from min e rals of the 
par e nt mat e rial shall not bo consid e red indioa 
live of a soil wetness condition. 

(-B) — The required depth to a soil wetnoss condition 

is d e t e rmin e d by th e Soil Group Textural 
Classification. 

(+) Soil Group I soils shall bo considered 

s uitable where soil wetness conditions aro 
gr e at e r than 36 inch e s b e low the point of 
s e ptag e application or incorporation. 

^t^ Soil Group II soils shall be considered 

s uitable where soil wetness conditions are 
gr e at e r than 21 inch e s below the point of 
s e ptag e application or incorporation. 

fj«3 Soil Group III s oils shall be con s idered 

suitable where soil wetness conditions are 
gr e at e r than 12 inches b e lov . ' th e point of 
s e ptag e application or incorporation. 

kG) — Soil s which do not meet the required depths to 

a soil wetness condition shall bo considered 
un s uitabl e and s e ptag e shall not b e appli e d, 
unl e ss th e r e quir e d se paration dictanc e s can b e 
maintained. — Water table monitoring wells may 
be utilized to determine the actual dopth to a 
coil w e tn e ce condition. 

f3^ D e pth to Rook: — Soil dopth shall be consider e d 

suitable whore depth to rock is greater than 2 4 
inche s below the point of septage application or 
incorporation, 
(b) — S e ptag e disposal sit e s shall not b e locat e d in the 
watershed of a C l ass I or Class II reservoir or in the 
watershed of the portion of any stream extending from a 
Class 1 r e s e rs'oir to a downstream intak e at a wat e r purifica 
tion plant. — This prohibition does not apply to thos e portions 
of a water supply rcser . 'oir watershed which are drained by 
Class B or Class C streams. — This requirement becomes 
e ff e ctive wh e n e v e r fund s hav e b ee n appropriated either for 
purchas e of land or con s truction of a Class I or Class 11 
reservoir. 

(c) All s eptage di s po s al sites shall bo located at least the 
minimum distanc e sp e cifi e d for th e following: 

(4-) Privat e r es id e nc e , plac e of busin e ss, or place of 

public assembly, under separate ownership — 5S0 

TCOtT 



361 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



-(3) Potable water supply well or potablo water 

supply spring — 500 foot; 

-f3^ Surfac e wat e rs. — Str e am olassifioation shall b e 

dotorminod in accordonco with 15A NCAC 2B 
■0300 — .0311 Assignment of Stroam Classifioa 
tions. which is hereby adopt e d by r e f e r e nc e in 
accordance with G.S. 150B H(o); 

(A) — Fresh waters: 



— (i) Class I, n, and ID resor^'oirs as defined in 

15A NCAC 1 8 C .0100 Prot e ction of 

Privat e Wat e r Suppli e s, which is h e r e by 
adopted by reference in accordance with 
G.S- 150B H(c) — 500 feet; 

-1^ Class WS I, Class WS H, or Class WS HI 

str e ams — 300 f ee t; 

Class B stream — 300 feet; 



-fiv) Class C stroam — 200 foot; 

— (v) Oth e r str e ams and bodi e s of wat e r — 300 



-fB) — Tidal salt waters: 

fi) Class SA or Class SB 300 feet from 

m e an high water mark; 
(ii^ Class SC and oth e r coastal wat e rs — 300 

foot from moan high water mark. 
-(€) — Supplemental Classifications: 
fi^ Trout waters and ov i 'amp waters — 200 f ee t; 



-fii^ Nutri e nt s e nsitiv e wat e rs and outstanding 

resource waters — 300 foot. 
— Groundwater lowering ditches and devices — tOO 

— Adjoining prop e rty' under ooparato own e rship or 
control — 50 foot; 
-(6) Public road right of ways — 100 feet. 



-(4)- 



(d) iMl s e ptng e disposal sit e s, at th e tim e of initial s e ptflg e 
disposal sit e p e rmit issuanc e , shall b e locat e d at l e ast the 
minimum distances specified in Rule .0907(c)(l 5). — fte 
septage disposal site shall not be expanded to encroach upon 
th e originally e stablish e d minimum s e tback distanc e s. 
— (e) — S e ptng e disposal sit e s shall not bo locat e d wh e r e th e 
slope of the land i s greater than 12 percent. 

Statutory Authority G.S. 130A-291.1. 

.0808 MANAGEMENT OF SEPT AGE DISPOSAL 
SITES 

— Untr e at e d s e ptng e shall b e dispos e d of at a wast e wat e r 
tr e atm e nt plant, disk e d, plow e d or otherwis e incorporat e d in 
the soil, or treated by a means to reduce pathogens or 
further roduoo pathogens within 2 4 hours of removal from 
a ground ab s orption se wag e disposal syst e m, unless placed 
in a s e ptng e d e t e ntion syst e m which is part of a p e rmitt e d 
disposal site or method. 

— (+) Each Boptago disposal site shall be posted with 

"NO TRESPASSING" signs. — Acc e ss roads or 
paths crossing or l e ading to th e disposal aroa shall 
bo posted "NO TRESPASSING" and a legible 
sign of at least two foot by two foot stating 



-(3)- 



■4^ 



-(4)- 



-(5^ 



-(^ 



-m- 



"SEPTAGE DISPOSAL .\REA" shall bo main 
tain e d at e ach entranc e to the disposal area. 
S e ptng e shall b e appliod in such a manner as to 
have no standing surface collection of liquid 2 4 
hours after application. 
No hazardous wast e s shall bo pomiittod on the 

No industrial or solid V i 'astos shall bo deposited on 
the site without prior approval by the Department. 
Th e pH of th e soil s e ptago mixture shall bo main 
tain e d at 6.5 or gr e ater at all tim e s. 
The s ite will bo managed m such a manner as to 
minimize s oil erosion and surface water runoff- 
Appropriat e soil and wat e r managem e nt practices 
shall b e implem e nt e d and maintnin o d. — All wat e r 
control structures shall be designed, installed, and 
maintnined to control the runoff resulting from a 
10 y e ar storm. — A writt e n managem e nt plan shall 
b e pr e par e d and submitt e d to the Department for 
review. 

Records and reports will bo maintained to show 
complianc e with p e rmit r e quir e m e nts and to assist 
in propor s e ptng e disposal. — A log which records 
the dnto of pumping, gnllona of septago pumped, 
and location of disposal site will be maintained for 
e ach pumping e v e nt. 



Statutory Authority G.S. 130A-291.1. 

.0809 SEPTAGE DETENTION SYSTEMS 

iMl s e ptag e disposal sites shall provid e facilities or have an 
alternate plan for the detention or disposal of septago during 
periods when the approved disposal method is not available: 

— (4) Th e us e of a septag e d e t e ntion system at a p e rmit 

t e d s e ptag e disposal sit e , shall be acc e ptabl e only 
as a temporary storage method during periods of 
adver s e weather conditions; 

— (3^ S e ptago d e t e ntion syst e ms which ar e d e sign e d to 

stor e s e ptag e prior to ultimate disposal in a 
wastewater treatment plant are not a component of 
a septago disposal site and shall be located the 
minimum distanc e sp e cifi e d from th e following: 

fa) Privat e r e sid e nc e , place of busin e ss, or place of 

public assembly — 100 feet; 



-fb) Potablo water supply well or potnbio water 

supply spring — 100 f ee t; 

-4^ Surfac e waters — 100 feet; 

-fd) Property linos — 25 foot. 

An enclosed storage system (stool, concrete or 

fib e rglass tanks) shall bo usod. — S e ptag e shall b e 
transf e rred to and from the storage syst e m in a 
safe, sanitary manner that prevents loolca or spills 
of septago. 

Each s e ptag e d e t e ntion syst e m shall pr e v e nt th e 
flow of septng e out of th e system and into the 
seasonally — high water table, — onto the ground 
surface or into any of the surface waters of the 



-(^ 



10:6 



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June 15, 1995 



362 



PROPOSED RULES 



state; 

-f4-) S e ptag e — manag e m e nt — firm s — utilizing — d e t e ntion 

syotomG ohall control odors from such sy s t e m s : 



tmu 



-f#f- 



Scptage shall be removed from a detention aystom 
wh e n an approved m e ans of disposal is availabl e . 



Statutory AuThonn- G.S. 130A-291.1. 

.0810 SOIL TESTING 

(a) The noil in th e disposal ar e a shall b e t e st e d annually 
durmg the operation of the site for compliance with Para 
graphs (0) and (d) of this Rule and the results submitted to 
the D e partment. — Tha sampl e for testing shall b e tak e n in 
the pr e sence of an authorized repr e s e ntativ e of th e D e part - 
ment. 

(b) — Tests shall be performed only by laboratories ap 
proved by th e Departm e nt to t e st s oil s . 

(c) The annual application of cadmium shall not oxcood 
0.5 kg/heclare'yr. as measured from the soil test. 

(d) The pH of the soil in the disposal area shall not fall 
bolow 6.5 as measur e d in the soil t e st. 

Statutory Authority G.S I30A-291.1. 

.0811 LAND USE AFTER SEPT AGE DISPOSAL 

— After s e ptage has boon applied to a sit e , th e following 

restrictions shall apply: 

— (4-) The pH of the septage soil mixture shall be main 

tain e d at 6.5 or gr e at e r during application and 

imm e diately following closur e ; 
— (-3-) food crops for human consumption or silage crops 

for dairy animals shall not bo grov i n until — i-8 

months aft e r the last application of s e ptag e ; 
— (-3^ Th e grazing of animals grown for meat shall b e 

prohibited for 60 days after the last application of 

s eptage; 
— H-) Public access is to b e controll e d until 1 8 months 

after the last application of s e ptag e ; 
— (4+- TTie grazing of dairy animals shall b e prohibited 

for threo years following the last application of 

septag e ; 
— f&) Pnor to final closure of s e ptag e disposal sit e , th e 

ovvner or operator of the site shall notify the 

Departm e nt in order that a s ite inspection may bo 

made to det e rmin e complianc e with th e S e ction. 
— f^T^- Th e lif e time addition of cadmium to a soil shall 

not oxcood the following: 

Soil Cation Exchang e Capacity 



<5 (sands) 5 15 (loams) > 15 (clays) 

(Cd content 

Ibs/acro 5 9 \^ 

Statutor,- Authority G.S. 130A-291.1. 



.0812 TRANSPORTATION OF SEPTAGE 

(a) — All s e ptag e shall b e transported in a saf e , sanitary 
mann e r that pr e v e nts leaks or spill s of se ptag e . 
— rb) i^n approved septage management firm, possessing a 
valid septage management firm permit, shall display docab 
or l e tt e nng on each side of e v e ry pumper v e hicle op e rat e d 
by th e firm showing th e nam e , address, phon e number, and 
septage permit number of the septage management firm. 
Ail decals or lettering on the pumpwr vehicle shall be no less 
than thr ee inch e s in h e ight and plainly visible. — Identification 
shall b e of a permanent natur e (i e ., no removabl e signs). 

Statutory Authority G.S. 130A-291.1. 

.0813 REVOCATION OF PERMITS 

— The Department may suspend or revoke permits, including 
those — under — R«k — .0905(b). — m — accordance — with G.S. 
130 A 23. 

Statutory- Authority G.S. 130-291.1. 

-0814 APPEALS 

— App e als shall b e made in accordanc e with G.S. 150B. 

Statuton Authority G.S. 130A-291.1. 

0815 INCORPORATION BY REFERENCE 

(a) All sections of the Code of Federal Regulations (CFR) 
cited in this Section are hereby incorporated by reference, 
including subsequent amendments or additions. 

(b) Copies of Federal statutes, test methods and proce- 
dures, and other published standards referenced in this 
Section are hereby incorporated by reference, including 
subsequent amendments or additions, and may be obtained 
from the Solid Waste Section at no cost. 

(c) Copies of aU material incorporated by reference are 
available for inspection at the Department of Environment. 
Health, and Natural Resources, Division of Solid Waste 
Management. Solid Waste Section, 401 Oberlin Road, 
Raleigh. N.C. 27605. 

Statutory Authority G.S. 130A-291.1. 

.0816 DEFINITIONS 

As used in this Section: 

( 1 ) "Annual septage application rate" means the 
maximum amount, in gallons, of septage that can 
be applied to a unit area of land during a 365 day 
period. 

(2) 'Place of business" means any store, warehouse, 
manufacturing establishment, place of amusement 
or recreation, service station, food handling 
establishment, office, or any other place where 
people work or are served. 

(3) "Place of public assembly" means any fairground, 
auditorium, stadium, church, campground, the- 
ater, school, or any other place where people 



363 



XORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



14} 



(5} 



(6} 



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(8) 



til 



(ai 



£bl 



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gather or congregate. 

"Residence" means any habitable home, hotel, 
motel, summer camp, labor work camp, mobile 
home, dwelling unit in a multiple-family structure, 
or any other place where people reside. 
"Rock" means the consolidated or partially consol- 
idated mineral matter or aggregate, including 
bedrock or weathered rock, not exhibiting the 
properties of soil. 

"Septage" means septage as defined in G.S. 
130A-290(a)(32) and also shall mclude washings 
from the interior of septage handling containers, 
including pumper trucks. 

"Septage Management Facility" means land, 
[personnel , and equipment used in the management 
of septage, including but not limited to, land 
application sites. 

"Soil" means the unconsolidated mmeral and 
organic material of the land surface. It consists of 
sand, silt, and clay minerals and variable amounts 



of organic materials. 

"Soil textural classes" means soil classification 

based upon size distribution of mineral particles in 

the fine-earth fraction less than two millimeters in 

diameter. The fine-earth fraction includes sand 

(2.0 ; 0.05 mm in size), silt (0.05 mm -0.002 

mm), and clay (less than 0.002 mm in size) 

particles. The specific textural classes are defined 

as follows: 

"Sand" means soil material that contains 85 

percent or more of sand; the percentage of silt 

plus 1.5 times the percentage of clay shall not 

exceed 15; 

"Loamy sand" means soil matenal that contains 
at the upper limit 85 to 90 percent sand, and the 
percentage silt plus 1 .5 times the percentage of 
clay is not less than 15; at the lower limit it 
contains not less than 70 to 85 percent sand, and 
the percentage of silt plus twice the percentage 
of clay does not exceed 30; 
"Sandy loam" means soil material that contains 
either 20 percent clay or less, and the percentage 
of silt plus twice the percentage of clay exceeds 
30. and contains 52 percent or more sand; or 
less than 7 percent clay, less than 50 percent 
silt, and between 43 and 52 percent sand; 
"Loam" means soil material that contains 7 to 27 
percent clay. 28 to 50 percent silt, and less than 
52 percent sand; 

"Silt loam" means soil material that contains 50 
percent or more silt and 12 to 27 percent clay; 
or contains 50 to 80 percent silt and less than 12 
percent clay; 
"Silt" means soil material that contains 80 



contains 20 to 35 percent clay, less than 28 

percent silt, and 45 percent or more sand; 
(h) "Clay loam" means soil material that contains 27 

to 40 percent clay and 20 to 45 percent sand; 
(i) "Silty clay loam" means soil material that con- 

tains 27 to 40 percent clay and less than 20 

percent sand; 
(i) "Sandy clay" means soil material that contains 

35 percent or more clay and 45 percent or more 

sand; 
£k] "Silty clay" means soil material that contains 40 

percent or more clay and 40 percent or more 

silt; and 
(1) "Clay" means soil material that contains 40 

percent or more clay, less than 45 percent sand. 

and less than 40 percent silt. 

(10) "Treatment of septage" means the preparation of 
septage for final use or disposal. Treatment 
includes, but is not limited to, thickening, stabili- 
zation, and dewatering of septage. Treatment 
does not include storage of septage. 

(11) Definitions in 40 CFR 503.9(d). (g). (h). (j). (Ic). 
£11, (li, (IL (uL (vL (wL ibbL and in 40 CFR 
503.11(a). (b). (c). (d). (f), (g), (h), (i), (k). (1). 
(m). (n) are incorporated by reference including 
subsequent amendments and editions. 

Statutory Authority G.S. 130A-291.1. 

.0817 SEPTAGE MANAGEMENT FIRM PERMITS 

(a) A permit to operate a Septage Management Firm is 
required under G.S. 130A-291(c). 

(b) TTie permit requirement of G.S. 130A-291. 1(c) 
applies to persons who manage septage generated from 
properties which they own, lease or manage as part of a 
business, including but not limited to mobile homes, mobile 
home parks, and other residential and commercial property. 

(c) No person shall manage or dispose of waste from 
portable toilet(s). regardless of ownership of the toilet(s). 
unless that person is permitted to operate a septage manage- 
ment firm. 

(d) To apply for a permit, a person proposing to operate 
a septage management firm shall submit the following 
information to the Djyision by Januai"y 1 of each year: 

(1) Owner's name, address and phone number; 

(2) Business name, address and phone number; 

(3) Type(s) of septage handled; 

(4) Number of pumper trucks; 

(5) Capacity and type of septage handled by each 
pumper truck; 
Vehicle license and serial numbers of each 



(6} 

£8} 
(9] 



percent or more silt and less than 12 percent 

clay; 

"Sandy clay loam" means soil material that (10) Other technical information pertinent to the 



pumper truck; 

Counties in which the firm operates; 

Disposal method(s) for septage; 

Permit number for each septage land application 

site to be used; 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



364 



PROPOSED RULES 



LLU 



operation of a septage management firm that has 
significant potential to harm the environment in 
accordance with this Section, 
Written annual authorization on official letter- 



head or a notarized wastewater treatment plant 
authorization form shall be submitted from an 
individual responsible for the operation of each 
wastewater treatment plant used for disposal 
indicating: 

(A) Tvpe(s) of' septage which can be discharged at 
the plant, 

(B) Where septage can be discharged at the plant 
or in the collection system; and 

(C) Geographic area from which septage will be 
accepted; 

( 12) The appropriate annual permit fee in accordance 
with G.S. 130A-291.1(e). 

(e) A septage management firm pennit shall not be issued 
unless the applicant has submitted to the Division written 
documentation of authorized access to dispose of septage at 
a wastewater treatment plant, a permitted septage land 
application site, or other permitted septage treatment 
facility. Documentation from each plant, site, or other 
facility shall include the types and amount of septage which 
may be discharged. 

(f) Septage management firm permits shall not be issued 
until all parts of the application have been properly com- 
pleted. 

(g) A permit application will not be processed if the 
applicant has any unsettled administrative penalties, overdue 
penalty payments, or pump trucks that do not meet the 
requirements of this Section. 

(h) Septage management firm permits are issued for one 
calendar year, beginning January _L Permits issued after 
January J^ shall be effective only until December 31 of that 
calendar year. Permits are non-transferable. 

Statutory Authority G.S. 130A-291.1. 

.0818 PERMIT FEES 

(a) Every septage management firm shall pay an annual 
permit fee by January 1 of each year in accordance with 
G.S, 130A-291. 1(e), unless the firm notifies the Division 
prior to January \_ that the firm will not operate during the 
next year. Fees shall be paid to the Division of Solid Waste 
Management, Solid Waste Section, P.O. Box 27687, 
Raleigh. NC 2761 1-7687. This fee may be paid by check 
or money order made payable to the Division of Solid 
Waste Management. 

(b) Failure to ap ply for permit renewal or failure to pay 
the permit fee by January 1 shall result in assessment of an 
administrative penalty pursuant to G.S. 130A-22(a) equal to 
one-half the fee set forth in G.S. 130A-291. 1(e). Failure to 
pay the fee and the administrative penalty within 45 days 
after January 1 shall result in an additional administrative 
penalty of ten dollars ($10.00) per day for each day thereaf- 
ter that the fee and penalty are not paid. 



(c) Annual permit renewal, including fee payment, shall 
be the responsibility of the operator of the septage manage- 
ment firm. If the operator did not receive annual permit 
renewal forms, it shall not be a defense to assessment of late 

fees. 

Statutory Authority G.S. UOA-291.1. 

.0819 SEPTAGE LAND APPLICATION SITE 
PERMITS 

(a) Pursuant to G^ 130A-291(d). it is unlawful to 
dispose of septage or any part of septage other than in a 
wastewater treatment system permitted to accept septage 
under the rules of the Health Services Commission or the 
Environmental Management Commission; or by land 
application at a site permitted under the rules of this 
Section. Disposal of septage by trenching or bunal is 
prohibited under the rules of this Section. 

(b) Domestic septage. as defined in G.S. 130A-290, 
treated to meet the standard for Class A sewage sludge in 
accordance with the federal regulations for pathogen and 
vector attraction reduction in 40 CFR Part 503. Subpart D. 
may be permitted by the Division for application to public 
contact sites, home lawns and gardens, or to be sold or 
given away in a bag or other container, provided pollutant 
limits in 40 CFR 503. 13 are not exceeded. Persons who 
prepare the septage, and persons who derive material from 
the septage, shall comply with the applicable record keeping 
requirements in 40 CFR 503.17(a)(1), (2), or (6). All 
treatment methods and facilities shall also require a permit 
from the Division under this Section. 

(c) No person shall establish, or allow to be established 
on his land, a septage management facility, or otherwise 
treat, store, or dispose, by land application or otherwise, 
septage or any component of septage unless a permit for the 
facility has been obtained from the Division. 

(d) To apply for a permit for a septage land application 
site, the following information shall be submitted to the 
Division: 

(1) Location of the site; 

(2) Name, address, and phone number of the owner 
or the owner's legal representative in control of 
the site; 

(3) Types of septage (as defined in G.S. 130A-290) 
and the annual volume of each type of septage 
proposed for land application; 

(4) Substances other than septage previously dis- 
posed of at this location, and the amounts of 
those substances; 

(5) Proposed distribution plan if required in Para- 
graph (e) Rule .0821 of this Section; 

(6) Alternative plan for the detention or disposal of 
septage during adverse weather conditions; 

(7) Treatment method for each type of septage to be 
discharged and the permit number of any treat- 
ment facilities; 

(8) Written authorization to operate a septage dis- 



365 



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June 15, 1995 



10:6 



PROPOSED RULES 



posal site signed by the landowner(s) (if otiier 
than the permittee) or his authorized ieaal repre- 
sentative; 
(9) Nutrient management plan developed in accor- 
dance with Subparagraph (a)(13') of Rule .0822 
of this Section and approved by the Division; 

(10) Erosion and runoff control plan approved by the 
Division; 

(11) A written report that documents compliance with 
Rule .0821 of this Section prepared bv a Soil 
Scientist, or an individual with at least three 
years experience in the comprehensive evalua- 
tion of soils for the land application of septage; 

(12) Aerial photography extending for a distance of 
at least 2500 feet in all directions from the site, 
with site property boundaries accurately de- 
picted. Photograph scale shall be 12 .^ 400 feet 
or greater if available, but in no case less than 
1 " = 660 feet; 

(13') A background soil analysis of each field indicat- 
ing soil class, cation exchange capacity, percent 
base saturation, acidity, pH. and levels of potas- 
sium, phosphorus, calcium, zinc, and copper; 

(14) Vicinity map (county road map) showing the site 
location; 

(15) Demonstration from the appropriate State or 
Federal Goverrmient agency that the land appli- 
cation site complies with Paragraph (g) of Rule 
.0821 of this Section if any part of the site 
specified for land application is not agricultural 
land; 

(16) Other technical information pertinent to the 
suitability of the proposed site that has signifi- 
cant potential to harm the environment as re- 
quested by the Division; and 

(17) An applicant who proposes to land apply 
septage. as defined in G.S. 130A-290. m excess 
of 50.000 gallons per acre per year or on a 
public contact site, shall provide the Division 
evidence of adequate public notice. Permits 
shall not be issued prior to the end of the public 
notice period. 

(e) Applications shall be submitted to the Division of 
Solid Waste Management. Solid Waste Section, P.O. Box 
27687, Raleigh, NC 27611-7687. Applications for permits 
will not be reviewed until all parts of the application have 
been properly completed and submitted to the Division. 

£f) Applications for sites or treatment methods which do 
not meet the standards in accordance with this Section shall 
be denied. 

(g) Applications for subsequent permits shall be submitted 
to tlie Division at least 90 days prior to the expiration date 
of the permit. The Division will notify permittees of site 
permit expiration dates 120 days prior to permit expiration. 

(h) Applications for permit modifications shall be required 
for the following changes: 
(1) Permit holder; 



(2) Property ownership; 

(3) Annual application rates; and 

(4) Types of septage discharged. 

(i) Applications for subsequent permits submitted in 
accordance with Paragraph (f) of this Rule and applications 
for permit modifications may not be required to resubmit the 
information required in Subparagraphs (c) (1 1), (12). (14), 
(15) and (c) (9), (10) of this Rule, unless changes are made 
in those plans. 

(i) Septage land application site permits are transferable 
if modified in accordance with Paragraph (g) of this Rule. 

(k) Issuance of a permit does not relieve the permittee of 
the responsibility of obtaining applicable zoning approvals 
prior to operation of the site. 

Statutory Authority G.S. 130A-291.1. 

.0820 SEPTAGE DETENTION AND TREATMENT 
FACILITY PERMTTS 

(a) No person shall establish, or allow to be established 
on his land, a septage detention facility, or otherwise treat, 
store, or dispose of septage unless a permit for the facility 
has been obtained from the Division. 

(b) Septage detention and treatment facilities shall be 
designed, located, constructed, and operated in accordance 
with the standards specified in Rule .0825 of this Section. 

(c) Septage detention and treatment facilities in use prior 
to the effective date of this Section shall be deemed permit- 
ted if they meet the setbacks specified in Item (10)(a) 
through (e) of Rule .0825 of this Section and if properly 
completed applications for those permits are submitted to the 
Division within 60 days of the effective date of this Section. 



(d) To apply for a permit for a septage detention or 
treatment facility the applicant shall submit the following 
information to the Division: 

( 1) Location of the facility; 

Name, address, and phone number of the owner 
or the owner's legal representative in control of 
the site; 

Types of septage to be stored or treated; 
A description of the facility including the size, 
number, and type of structures to be used at the 
site and construction materials to be used; 
An explanation of the methods for discharge into 
and removal from the detention or treatment 
facility, the methods for treating leaks or spills 
at the site, and methods for odor control; 
Septage disposal site permit number or the name 
of the wastewater treatment plant where the 
septage will be disposed; 
An aerial photograph, extending for a distance 
of at least 1000 feet in aU directions from the 
site property lines, scale V_ ^ 400 feet or 
greater if available, but in no case less than 1 " 
^ 660 feet, with site property boundaries accu- 
rately depicted; 
Written authorization to operate a septage deten- 



O] 



14] 



til 



(6) 



m 



(8) 



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June 15, 1995 



366 



PROPOSED RULES 



tion or treatment facility signed by the land- 
owner (if other than the permittee) or his legal 
representative; and 
(9) Other technical information pertinent to the 

suitability of the proposed facility that has 
significant potential to harm the enyironment as 
requested by the Division. 
£e) Plans for treatment facilities which are not above 
ground or are designed for purposes other than lime 
stabilization, screening, or grease separation prior to 
discharge to a municipal waste water treatment system shall 
bear the seal of a Professional Engineer licensed to practice 
in the State of North Carolina. 

(f) Applications shall be submitted in accordance with 
Paragraph (d) of Rule .0819 of this Section. 

(g) Applications for subsequent permits shall be made at 
least 90 days prior to the expiration date of the permit. The 
Division will notify permittees of facility permit expiration 
dates 120 days prior to permit expiration. 

(h) Applications for permit modifications shall be required 
for changes in: 



coarse loamy and fine loamy group includes 
sandy loam, loam, silt, silt loam, sandy clay 
loam, clay loam, and silty clay loam textural 
classes. 



m 

£2) 

m 

£4) 
£5} 



Permit holder; 



Property ownership; 
Treatment methods; 

Types of septage to be stored or treated; and 
Size and number of treatment or storage struc- 
tures. 
(ij Septage land application site permits are transferable 
if modified in accordance with Paragraph £h} of this Rule, 
(i) Applications for facilities which do not meet the 
standards set forth in this Section shall be denied. 

(k) Septage detention or treatment facility permits are 
transferable if modified in accordance with Paragraph (g) of 
this Rule. 

[1] Issuance of a permit does not relieve the permittee of 
the responsibility of obtaining applicable zoning approvals 
prior to operation of the facility. 

Statutory Authority G.S. 130A-291. 1. 

.0821 LOCATION OF SEPTAGE LAND 
APPLICATION SITES 

(a) Soil characteristics (Morphology) which shall be 
evaluated are as follows: 

(1) Texture ; The relative proportions of the sand. 
silt, and clay sized mineral particles in the 
fine -earth fraction of the soil are referred to as 
soil texture. The texture of the different hori- 
zons of soils shall be classified into three general 
groups and 12 soil textural classes based upon 
the relative proportions of sand, silt, and clay 
sized mineral particles. 
(A) SOIL GROUP 1 - SANDY TEXTURE SOILS: 
The sandy group includes the sand and loamy 
sand textural classes. 
£B} SOIL GROUP II - COARSE LOAMY AND 



nNE LOAMY TEXTURE SOILS: 



The 



(C) SOIL GROUP III ; CLAYEY TEXTURE 
SOILS: The clayey group includes sandy clay, 
silty clay, and clay textural classes. 

(D) Tlie soil textural class shall be determined in 
the field by hand texturing samples of each soil 
horizon in the soil profile using the following 
criteria: 

(i} Sand: Sand has a gritty feel, does not 
stain the fingers, and does not form a 
ribbon or ball when wet or moist; 

(ii) Loamy Sand: Loamy sand has a gritty 
feel, stains the fingers, forms a weak ball, 
and cannot be handled without breaking; 

(iii) Sandy Loam: Sandy loam has a gritty feel 
and forms a ball that can be picked up 
with the fingers and handled with care 
without breaking; 

(iv) Loam: Loam may have a slightly gritty 
feel but does not show a fingerprint and 
forms only short ribbons of from 0.25 
inch to 0.50 inch in length. Loam will 
form a ball that can be handled without 
breaking; 
(v) Silt Loam: Silt loam has a floury feel 
when moist and will show a fingerprint but 
will not ribbon and forms only a weak 
ball; 

(vi) Silt: Silt has a floury feel when moist and 
sticky when wet but will not ribbon and 
forms a ball that will tolerate some han- 
dling; 

(vii) Sandy Clay Loam: Sandy clay loam has a 
gritty feel but contains enough clay to 
form a firm ball and may ribbon to form 
0.75-inch to one-inch long pieces; 
(viii) Silty Clay Loam: Silty clay loam is sticky 
when moist and will ribbon from one to 
two inches. Rubbing silty clay loam with 
the thumbnail produces a moderate sheen. 
Silty clay loam produces a distinct finger- 
print; 

(ix) Clay Loam: Clay loam is sticky when 
moist. Clay loam forms a thin ribbon of 
one to two inches in length and produces 
a slight sheen when rubbed with the 
thumbnail. Clay loam produces a 
nondistinct fingerprint; 
(x) Sandy Clay: Sandy clay is plastic, gritty 
and sticky when moist and forms a firm 
ball and produces a thin ribbon to over 
two inches in length; 

(xi) Silty Clay: Silty clay is both plastic and 
sticky when moist and lacks any gritty 



367 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



feeling. Siltv clay forms a firm ball and 
readily ribbons to over two inches in 
length; 
(xii) Clay: Clay is both sticky and plastic when 
moist, produces a thin ribbon over two 
inches in length, produces a high sheen 
when rubbed with the thumbnail, and 
forms a strong ball resistant to breaking. 
(E) The Division may substitute laboratory deter- 
mination of the soil textural class as defined in 
this Section by particle-size analysis of the 
fine-earth fraction (less than 2.0 mm in size) 
using the sand, silt and clay particle sizes as 
defined in this Section for field testing when 
conducted in accordance with ASTM (Ameri- 
can Society for Testing and Materials) D-422 
procedures for sieve and hydrometer analysis. 
For Fine loamy and clayey soils (Groups II and 
Iff) the dispersion time shall be increased to 12 
hours. 
(2) Wetness Condition: 

(A) Soil wetness conditions caused by a seasonal 
high-water table, perched water table, tidal 
water, or seasonally saturated soils shall be 
determined by observation of common soil 
mottles of colors of chroma 2 or less, using 
the Munsell color chart, in mottles or a solid 
mass. If drainage modifications have been 
made, the soil wetness conditions may be 
determined by direct observation of the water 
surface in monitoring wells during periods of 
typically high water elevations. However, 
colors of chroma 2 or less which are relic 
from minerals of the parent material shall not 
be considered indicative of a soil wetness 
condition. 

(B) Soils which do not meet the required depths to 
a soil wetness condition shall be considered 
unsuitable and septage shall not be applied, 
unless the required separation distances can be 
maintained. Water table monitoring wells may 
be utilized to determine the actual depth to a 
soil wetness condition. The Division may 
limit discharges to certain months where soil 
wetness conditions are marginal for use. 

(C) The required depth to a soil wetness condition 
is determined by the Soil Group Textural 
Classification. 

(i) Soil Group I soils shall be considered 
suitable where soil wetness conditions are 
deeper than 36 inches below the point of 
septage application or incorporation. 

(ii) Soil Group 11 soils shall be considered 
suitable where soil wetness conditions are 
deeper than 24 inches below the point of 
septage application or incorporation. 
Soil Group III soils shall be considered 



suitable where soil wetness conditions are 
deeper than 18 inches below the point of 
septage application or incorporation. 

(3) Depth to rock: soil depth shall be considered 
suitable where depth to rock is deeper than 24 
inches below the point of septage application or 
incorporation or deeper than 18 inches if the 
septage is pretreated to accomplish pathogen 
reduction and surface applied over vegetation. 

(4) Mine reclamation sites will be considered on a 
case by case basis. 

(b) Septage land a pplication sites shall not be located in 
the watershed of a Class WS-I stream. New septage land 
application sites shall not be located in the water quality 
critical area of Class WS-II, WS-III, or WS-IV streams or 
reservoirs. This prohibition does not apply to those portions 
of a water supply watershed which are drained by Class B 
or Class C streams. 

(c) Setbacks. At the time of initial permitting, septage 
land application sites shall observe the minimum setback 
distances specified in this Rule. Minimum setbacks shall be 
maintained throughout the life of the site on land owned, 
operated or controlled by the permittee or by the land- 
owner(s) at the time of initial permitting. Any sale, lease or 
other conveyance of land by the permittee, or by the 
landowner(s) if different from the permittee, subsequent to 
the initial permitting of the site shall include restrictions to 
ensure continued maintenance of the setbacks. Failure to 
maintain required setbacks shall result in immediate permit 
revocation. 

(d) All septage disposal sites shall be located at least the 
minimum distance specified for the following: 

(1) Residence not occupied by the applicant ; 500 
feet, residence occupied by the applicant 100 ^ 
feet; 

(2) Place of business, other than the septage man- 
agement firm office, or place of public assembly 
- 500 feet; 

(3) Well or spring - 500 feet; 

(4) Surface waters. Stream classification shall be 
determined in accordance with 15A NCAC 2B 
.0301 through .031 1 Assignment of Stream 
Classifications. 

(A) Fresh waters: 

(il Class WS-I. Class WS-II, or Class WS-ffl 
streams ; 300 feet; 
Class B stream ; 300 feet; 
Class C stream - 200 feet; 



£11} 
£111} 



£111} 



Other streams and bodies of water ; 200 
feet. 

(B) Tidal salt waters: 

(]} Class SA or Class SB i 300 feet from 

mean high water mark; 
(ii) Class SC and other coastal waters ; 200 
feet from mean high water mark. 

(C) Supplemental classifications: 

(i) Trout waters and swamp waters - 200 feet; 



10:6 



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June 15, 1995 



368 



PROPOSED RULES 



(ii) Nutrient sensitive waters and outstanding 
resource waters ; 300 feet; 

(5) Groundwater lowering ditches and devices z. 100 
feet; 

(6) Adjoining property under separate ownership or 
control 2 50 feet; 

(7) Public road nght of ways - 100 feet; 

(8) Food crops ; 50 feet; 

(9) Wetlands ; 50 feet; 

(10) Setbacks in Subparagraphs (d)(3). (4), and (5) of 

this Rule may be reduced 50 percent when 
septage is pretreated to accomplish pathogen 
reduction and land within the setback area is in 
permanent, established grass with at least 95 
percent cover or is in forest with a continuous 
canopy and a 95 percent forest litter cover. 

(e) Septage disposal sites less than five acres in size, 
individual fields of a site less than two acres in size, and 
sites with complex soil patterns or unusual shapes will be 
permitted only if the applicant demonstrates to the Division 
that the site can be properly managed for crop production 
and that septage can be evenly distributed over the site. 

(f) Septage disposal sites shall not be located where the 
slope of the land is greater than 12 percent unless all of the 
conditions of this Paragraph are met. 

(1) The site is in permanent, established grass with 
at least 95 percent cover or is in forest with a 
continuous canopy and a 95 percent forest litter 
cover. 



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mi 



(4} 
15) 



Written plans are submitted to the Division by a 
person with a demonstrated knowledge of ero- 
sion and runoff control practices, indicating: 
Management practices and discharge methods 
which will be used to reduce the potential for 
run-off from the site and assure even septage 
distribution over the site; and 
Location of potential surface water monitoring 
device s upslope and downslope from the area 
proposed to be permitted and identification of 
sampling methods. Monitoring may be re- 
quired. 
Setbacks will be increased and application rates 
decreased as appropriate to protect any nearby 
surface waters. 

No site shall be permitted with slopes in excess 
of 25 percent. 
Permits shall be issued for a maximum of 12 



of 12 (11) 



months, unless otherwise approved by the Divi- 



(g) A new septage disposal site shall not jeopardize the 
continued existence of threatened or endangered species or 
result in the destruction or adverse modification of a critical 
habitat, protected under the Federal Endangered Species Act 
of 1973. Agricultural land shall not be considered potential 
habitat. 

Statutory Authority G.S. 130A-291.1. 



,0822 MANAGEMENT OF SEPTAGE LAND 
APPLICATION SITES 

(a) General. Paragraph (g) of this Rule also applies to 
septage detention and treatment facilities. 

(1) Only domestic septage, as defined in G.S. 
130A-290. shall be land applied or otherwise 
placed on a septage land application site, unless 
specified in the permit. 

(2} Each site shall be posted with "NO TRESPASS- 
ING" signs. Access roads or paths crossing or 
leading to the disposal area shall be posted "NO 
TRESPASSING" and a legible sign of at least 
two feet by two feet stating "SEPTAGE LAND 
APPLICATION SITE" shall be maintained at 
each entrance to the land application area. 

(3) Each site shall have an all weather access road. 

(4) No hazardous wastes shall be permitted on the 
site. 

(5) No site shall be permitted for land application of 
Industrial or Commercial septage unless the 
applicant demonstrates to the Division that the 
strength of the organic and inorganic compo- 
nents of the septage is within the normal range 
for domestic septage. 

(6) Septage generated from domestic or industrial or 
commercial wastewater treatment plants shall be 
land applied only at sites permitted by the Divi- 
sion of Environmental Management for applica- 
tion of domestic or industrial or commercial 
treatment plant septage, as defined in G.S. 
130A-290. 

£7) Septage shall be applied to the surface of the 
land from a moving vehicle in such a manner as 
to have no standing liquid or soil disturbance 
resulting from the waste flow after the discharge 
IS complete. 

(8) Septage shall not be applied to a site if any 
liquid is ponded on the site or if the site is 
flooded, frozen, or snow covered. 

(9) Disposal area boundaries shall be clearly marked 
on the ground while a site or any portion of a 
site IS in use. 

(10) All septage discharges shall be made at a loca- 
tion on the site consistent with the nutrient 
management plan. 

Grease septage shall be diluted at least 1:1 from 
its concentration when pumped with domestic 
septage or water if land applied over perennial 
vegetation. This dilution shall be increased if 
crop damage occurs. 

(12) Tlie site shall be managed in such a manner as 
to minimize soil erosion and surface water 
runoff. Appropriate soil and water management 
practices shall be implemented and maintained in 
accordance with the Division approved erosion 
and run-off control plan. All water control 



369 



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10:6 



PROPOSED RULES 



structures shall be designed, installed, and 
maintained to control the run-off resulting from 
a 10 year storm. 

(13) Each site shall have a nutrient management plan 
indicating at least the following: 

(A) Crops that will be planted on the site, includ- 
ing cover crops, and where each crop will be 
planted. Crop planting locations shall be 
depicted on an aerial photograph or on a plat 
map (scale V_ ^ 660 %_ or larger). 

(B) Nitrogen needs of the crops based on the 
realistic yield expectations for the soils on the 
site, and crop management practices proposed. 

(C) A pproximate crop planting and harvesting 
times: 

(D) Approximate monthly discharge rate to match 
the needs and uptake potential of the crop. 

(14) Within 90 days of the effective date of this 
Section, permittees of septage land application 
sites permitted on the effective date of this Rule 
shall submit to the Division for approval nutrient 
management plans meeting the requirements of 
Subparagraph (a)(13) of this Rule. A nutrient 
management plan shall be implemented within 
30 days of Division approval, or the site shall 
cease receipt of septage. 

(b) Maximum land application rates for septage shall be 
included in individual permit conditions, based upon the 
following: 

(1) Domestic Septage shall be land a pplied in accor- 
dance with 40 CFR Part 503.12(c) and Part 
503.13; 

(2) Grease septage shall be land a pplied at a rate 
that is equal to or less than the agronomic rate, 
but in no case shall the application of grease 
septage exceed 25,000 gallons per acre per year. 

{3} Pollutant limits in 40 CFR Part 503. 13 shall not 
be exceeded for any type septage. 

(4) Sites permitted for the land application of grease 
septage shall meet the requirements of 40 CFR 
Part 257.3-5. 

(c) Septage treatment standards: 

(1) Domestic septage shall be treated in accordance 
with the requirements in 40 CFR Part 503 
Subpart D (including Appendix A and B) except 
that 503.33rb)(l 1) is not incorporated. 

(2) Grease septage and commercial/industrial 
septage shall be treated in accordance with 40 
CFR 257.3-6 or treated by an equivalent or 
more stringent process in 40 CFR 503 Subpart 

(3) Untreated grease septage mixed with domestic 
septage shall be treated as grease septage. 

(d) No one other than the permittee shall land apply 
septage at a permitted site unless approved in writing by the 
Division. A written request shall be received from the 
permittee and written authorization from the landowner(s). 



if different from the permittee. TTie request shall include 
the name of the firm requesting approval and the type and 
amount of septage proposed to be discharged. 

(e) Permittees of septage land application sites shall 
develop and maintain records and reports to show compli- 
ance with this Section and the permit requirements of each 
site. 

(1) Permittees of sites receiving septage shall main- 
tain a log which meets the requirements of 40 
CFR Part 503.17(b). 

(2) Permittees of aU septage land application sites 
shall have all records and certifications required 
to be kept available for review during any 
announced site inspections by the Division. 

(3) The permittee of a site where more than one 
septage management firm has been authorized by 
the Division to discharge septage shall submit a 
monthly report to the Division which shall 
include the following information for each 
discharge: the date and quantity of each dis- 
charge, the type of septage discharged, and the 
name of the septage management firm discharg- 
ing. 

(f) Inspection and entry. The permittee shall allow an 
authorized representative of the Division to: 

(1) Enter the permittee's premises where a regulated 
facility or activity is located or conducted; 

(2) Access and copy any records required in accor- 
dance with this Section or conditions of the 
permit; 

(3) Inspect any facilities, equipment (including 
monitoring and control equipment), practices or 
operations regulated by the Division; 

(4) Sample or monitor for the purposes of assuring 
permit compliance or as otherwise authorized by 
the Federal Clean Water Act or the North 
Carolina Solid Waste Management Act, any 
substances, parameters or soils at any location; 
and 

(5) Photograph for the purpose of documenting 
times of compliance or noncompliance at septage 
management facilities, or where appropriate to 
protect legitimate proprietary interests, require 
the permittee to make such photos for the Divi- 
sion. 

(g) A permitted septage disposal site shall not be ^ut into 
use until a representative of the Division has inspected the 
site to determine compliance with this Rule. 

(h) Methods of land application for which there are no 
standards in these Rules shall be permitted only if it can be 
demonstrated that the proposed method manages septage in 
a manner at least equivalent to these Rules and to protect 
public health and the environment. Plans shall be submitted 
to the Division, by a Professional Engineer licensed to 
practice in North Carolina or a person with a demonstrated 
knowledge of the proposed waste disposal method. 



10:6 



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June 15, 1995 



370 



PROPOSED RULES 



Statutory Authority G.S 130A-291.1. 

.0823 RECORD KEEPING FOR SEPTAGE 
MANAGEMENT FIRMS 

(a) Each individual or company shall maintain a log 
which includes at least the following information for each 
septage pumping event: 

(1) The date, rype. and quantity of septage pumped 
at each location; 

(2) Lxication of the discharge of the septage. 

Cb) A septage management firm shall make all records 
required in accordance with this Section or conditions of the 
permit available for inspection by a representative of the 
Division at the time and place of an inspection of the Firm's 
septage pumper truck(s) or upon request. 

Statutory Authority G.S. 130A-291.1. 

.0824 SAMPLING ANT) ANALYSIS 

(a) Monitoring or sample analysis required by this Section 
are the responsibility of the septage management firm, site 
operator, or the owner of the wastewater system, as appro- 
priate. 

(b) Tlie permittee of a septage land application site shall 
arrange for annual representative soil samples to be taken 
from each field at the permitted site during the last quarter 
of each calendar year. 

(c) Soil samples shall be analyzed for cation exchange 
capacity. pH, phosphorus, potassium, calcium, manganese, 
magnesium, zinc, and copper. Analysis for other metals 
shall be required when zinc levels reach 30 pounds per acre 
or copper levels reach 35 pounds per acre. Sites permitted 
to receive septage. other than domestic septage. shall be 
sampled annually to determine compliance with 40 CFR 
257.3-6. 

(d) Industrial or commercial septage, proposed to be land 
applied at a permitted septage disposal site, shall be sampled 
prior to being removed from a system. Analytical results 
shall be submitted to the Division for consideration prior to 
the issuance of a permit or appro\al to land apply the 
septage. Analysis shall be conducted for: 

Metals addressed in 40 CFR 503. 13. barium. 



m 

£21 

oi 



and silver: 



Total solids. pH. ammonia, nitrates. TKN, 
BOD, COD, total phosphorus, potassium, 
sodium and magnesium: and 
A complete Toxicity Characteristic Leaching 
Procedure or other appropriate sampling for 
organic chemicals, such as EPA Test numbers 
8240 or 8270. unless an examination of the 
industrial process and the material used indicate 
less extensive analysis is acceptable. 

(e) Septage shall be monitored in accordance with 40 
CFR Part 503.16(b). 

(f) Sample analysis shall be performed by a laboratory 
certified for waste analysis. Analysis shall be conducted in 
accordance with 40 CFR Part 503.8. Organic chemical 



analysis shall be conducted according to Subparagraph (d)(3) 
of this Rule. 

Statutory Authority G.S. 130A-291.1. 

.0825 STANDARDS FOR SEPTAGE TREATMENT 
AND DETENTION FAdLFTIES 

A septage land application site permittee shall provide a 
facility or have an alternate plan for the detention or 
disposal of septage during periods when the approved 
dis posal method is not available. Sites permitted for 
disposal of grease septage or commercial/industrial septage. 
shall have a treatment facility available. 

(1) Septage detention facilities shall have a minimum 
size equal to the average volume of septage 
pumped per week. This does not limit the maxi- 
mum capacity of a septage detention facility. 
Capacity shall be increased if it is demonstrated 
during site operation that this volume is inadequate 
or if specific site considerations would warrant 
such increases. 

(2) Septage treatment and detention facility containers 
shall be structurally sound and constructed of 
steel, concrete, or fiberglass unless otherwise 
approved by the Division. 

(3) Each detention and treatment facility shall be 
designed, constructed, and maintained in such a 
manner as toi 

(a) Prevent leaks or the flow of septage out of the 
facility into the seasonally high water table, onto 
the ground surface, or into any surface waters; 

(b) Minimize the attraction or admittance of vectors; 
and 

(c) Prevent unauthorized entry into septage contain- 
ers or lagoons. 

(4) Septage detention and treatment facilities located 
below grade shall: 

(a) Be leak tested prior to backfilling or shall have 
an approved leak detection and monitoring 
system; 

(b) Be protected from vehicular traffic; and 

(c) Not be constructed of used metal tanks. Used 
metal tanks may be located beside a wall or 
embankment for gravity access as long as the 
entirety of the tank is visible. 

(5) The permittee of a septage treatment or detention 
facilities shall control odors from such systems. 

(6) Ground water monitoring wells or a leak detection 
system may be required around treatment or 
detention systems if necessary to assure protection 
of public health and the environment. 

(7) Septage shall be transferred to and from a deten- 
tion system in a safe and sanitary manner that 
prevents leaks or spills of septage. 

(8) Access roads or paths crossing or leading to the 
facility shall be posted "NO TRESPASSING". 

(9) Lined lagoons may be permitted at sites where the 



371 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



lal 



£bl 



i£l 



(el 

m 



(10) 



ial 

(ki 
£cl 

(el 

m 



construction and use of a lagoon shall not jeopar- 
dize the public health or environment. Portions of 
lined lagoons may be located below grade in 
accordance with Sub-item (10)(e) of this Rule. 
Lagoons must be designed and construction 
inspected, by a Professional Engineer licensed to 
practice in North Carolina or an individual with 
a demonstrated knowledge of lagoon design and 
construction, to assure that the quality of the 
underlying ground water will be protected. The 
Division shall receive a written certification that 
the construction was completed in accordance 
with the a pproved plans prior to any waste being 
introduced into the system- 
Liners shall be a minimum of J[2 inches of clay 
compacted to a maximum permeability of 10 -7 
cm/ sec or equivalent synthetic liner. 
Synthetic liners shall have a minimum thickness 
of 30 mils. A synthetic liner shall have a dem- 
onstrated water vapor transmission rate of not 
more than 0.03 gm/m2-day. Liner material and 
any seaming materials shall have chemical and 
physical resistance not adversely affected by 
environmental exposure or waste placement. 
Clay liners with a permeability more than 10 £7 
cm/sec may be used in conjunction with a 
synthetic liner to meet the maximum permeabil- 
ity of 10 -7 cm/sec or equivalent. 
TTie surface of the supporting soil on which the 
liner will be installed shall be reasonably free of 
stones, organic matter, protrusions, loose soil, 
and any abrupt changes in grade that could 
affect the integrity of the liner. 
Lagoons shall be designed and mamtained to 
have adequate storage to handle the additional 
water from a 25-vear storm. 
Pathogen reduction, as required in Paragraph (c) 
of Rule .0822 shall be achieved prior to the 
discharge of any septage or any part of the 
septage into a storage lagoon. 
Septage detention and treatment facilities not 
located on a permitted septage land application site 
shall be located at least the minimum distance 
from the following: 
Residence, place of business, or place of public 
assembly z 100 feet; 
Well or water supply spring ; 100 feet; 
Surface waters ; 100 feet; 
Property lines ; 50 feet; 



an 



Soil wetness, as determined in Part (a)(2)(A) of 
Rule .0821 - 12 inches; and 
Setbacks in Sub-items (a) and (d) of this Item 
may be in accordance with local zoning ordi- 
nances if located in areas zoned for industrial 
use. 

Septage shall not be stored in a detention system 

for more than six months. 



(12) Septage shall not be stored or treated at a permit- 
ted septage treatment or detention facility until a 
representative of the Division has inspected the 
facility to determine compliance with this Rule. 

Starurory Authority G.S. 130A-291.1. 

.0826 LAND USE AND SITE CLOSURE 

(a) The site restrictions in 40 CFR 503 Subpart D; shall 
be adhered to. 

(b) Nursery and horticultural products, trees and other 
forest products, including but not limited to pine straw and 
pine bark, shall not be harvested or gathered for 30 days 
after septage application. 

(c) Public access is to be controlled in accordance with 40 
CFR 503 Subpart D. 

(d) The permittee or operator of the site shall notify the 
Division at least 30 days prior to final closure of a septage 
land application site in order to schedule a site inspection for 
determination of compliance with this Section. 

(e) Prior to final closure, the soil pH of the site shall be 
raised to 6.5, unless the fertility requirements for crops to 
be grown in the following year dictate less. 

Statutory Authority G.S. 130A-291.1. 

.0827 TRANSPORTATION OF SEPTAGE 

(a) All septage shall be transported in a safe, sanitary 
manner that prevents leaks and spills and comply with the 
following: 

(1) All tanks shall be constructed of metal and 

permanently attached to the truck bed, unless 
otherwise approved by the Division; 

(2} All valves shall be in proper working order and 
be completely closed during transportation; and 

(3) All access ports shall have proper fitting lids in 
good repair and be completely closed during 
transportation. 

(b) All permitted septage management firms, shall display 
decals or lettering on each side of every pumper vehicle 
operated by the firm. The decals or lettering shall include 
the name, address (town name), phone number, and septage 
management firm permit number. All decals or lettering on 
the pumper vehicle shall be no less than three inches in 
height and plainly visible. Identification shall be perma- 
nently attached (ie., no removable signs). 

(c) Applicants for septage management firm permits 
which were not permitted in the previous calendar year shall 
have each pump truck inspected prior to the Division's 
issuance of a permit. 

(d) Septage to be discharged at a wastewater treatment 
plant or any part of the collection system for that plant shall 
be handled In accordance with the plant rules and policies. 

(e) Vehicles used in the transportation of septage may 
remain loaded or partially loaded on land owned by the 
septage management firm for up to seven days without 
obtaining a permit for a detention or treatment facility. 



10:6 



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June 15, 1995 



372 



PROPOSED RULES 



Such vehicles shall comply with aU parts of this Rule. 
Statutory Authority G.S. 130A-291.1. 

.0828 REVOCATION OF PERMITS 

The Division shall suspend or revoke permits in accor- 
dance with G.S. 130A-23. 

Statutory Authority G.S. 130A-291.1. 

.0829 APPEALS 

.Appeals shall be made in accordance with G.S. 150B. 

Statutory Authority G.S. 130A-291.1. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Commission for Health Ser- 
vices intends to amend rules cited as 15A NCAC 18A .2508 

- .2511, .2516 - .2519, .2521 - .2524. .2526, .2528 - 
.2535, .2537 and adopt rules cited as 15A NCAC 18A .2540 

- .2543. 

Proposed Effective Date: January 1. 1996. 

A Public Hearing will be conducted at 1:30 p.m. on July 
11, 1995 at the Ground Floor Hearing Room, Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: Action is proposed to 
respond to requests from local health departments, public 
s^vimming pool designers, builders and operators, and the 
public for amendments to Rules Govemins Public Swimming 
Pools 15A NCAC 18A .2500. All requests received over a 
three year period were reviewed by a committee of represen- 
tatives from all interested parties and a consensus was 
reached on proposed amendments to improve the administra- 
tive rules. Changes are proposed to clarify design and 
construction standards, ease standards in areas where cost 
sa\'mgs can be safely realized, strengthen requirements for 
safe and sanitary operation of public pools, improve the 
existing inspection program, address some new features of 
swimmmg pools not currently allowed in or covered by the 
rules, and narrow the focus of the rules to exclude some 
structures not originally intended to be regulated under those 
rules. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or submit- 
ted to Grady L. Balentine. Department of Justice, PO Box 
629, Raleigh, NC 27602-0629. All written comments must 
be received by July 1 7, 1995. Persons who wish to speak at 
the hearing should contact Mr. Balentine at (919) 733-4618. 
Persons who call in advance of the hearing will be given 
prioriry on the speaker 's list. Oral presentation lengths may- 



be limited depending on the number of people that wish to 
speak at the public hearing. Only persons who have made 
comments at a public hearing or who have submitted written 
comments will be allowed to speak at the Commission 
meeting. Comments made at the Commission meeting must 
either clarify previous comments or proposed changes from 
staff pursuant to comments made during the public hearing 
process. 

IT IS \^RY IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS, GROUPS, BUSI- 
NESSES, ASSOCIATIONS, INSTITUTIONS OR AGENCIES 
MAKE THEIR VIEWS AND OPINIONS KNOWN TO THE 
COMMISSION FOR HEALTH SERVICES THROUGH THE 
PUBLIC HEARING AND COMMENT PROCESS, WHETHER 
THEY SUPPORT OR OPPOSE AXY OR ALL PROVISIONS OF 
THE PROPOSED RULES. THE COMMISSION MA Y MAKE 
CHANGES TO THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. I50B-21.2(f). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local or state government funds. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANTTATION 

SECTION .2500 - PUBLIC SWIMMING POOLS 

.2508 DEFLMTIONS 

The following definitions shall apply throughout this 
Section' 

(1) Equipment replacement means replacement of 
individual components of the hydraulic and disin- 
fection systems such as pumps, filters, and auto- 
matic chemical feeders. 

(2) Public swimming pool means public swimming 
pool as defined in G.S. 130A-280. Public swim- 
ming pools are divided into three types: 

(a) Swimming pools are all public swimming pools 
except spas and wading pools. 

(b) Spas are special facilities designed for recre- 
ational and therapeutic use which are not 
drained, cleaned, or refilled after each individual 
use. Spas may include, but not be limited to, 
units designed for hydrojet circulation, hot 
water, cold water mineral bath, air induction 
bubbles, or any combination thereof. Common 
terminology for spas includes "therajjeutic pool", 
"hydrotherapy pool", "whirlpool", "hot spa", 
and "hot tub". 

(c) Wading pools are small, shallow swimming 
pools not more than +8 24 inches deep designed 
for use by children. 

(3) Remodeled means renovations requiring disruption 
of major portions of the pool shell or deck, 
changes in the pool profile, or redesign of the 
pool hydraulic system. Remodeled does not 



373 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



include equipment replacement or repair or addi- 
tion of outlets for the purpose of reducing suction 
hazards. 
(4) Repair means repair of existing equipment, replas- 
tering or repainting of the pool interior, replace- 
ment of tiles or coping and similar maintenance 
activities. 

Statutory Authority G.S. 130A-282. 

.2509 PLAN REVIEW AND APPROVAL 

(a) No person shall commence or assist in the construc- 
tion or remodeling of a public swimming pool unless plans 
for the pool have been reviewed and approved by the 
Department in accordance with the provisions of this 
Section. For public swimming pools which are constructed 
or remodeled on or after May 1, 1991, plans and specifica- 
tions shall be prepared by a registered professional engineer 
or registered architect, and shall be approved by the 
Department prior to construction. Public swimming pools 
constructed after May 1, 1992, or remodeled after October 
]_^ 1995, shall be constructed or remodeled by swimming 
pool contractors licensed by the North Carolina Licensing 
Board for General Contractors, Post Office Box 17187, 
Raleigh, North Carolina 27619. The General Contractor's 
license shall include the Swimming Pool Classification. 

(b) A minimum of two complete sets of plans shall be 
submitted to the Health Department for review. Plans shall 
be drawn to scale and accompanied by specifications so as 
to permit a clear, comprehensive review by the local health 
department. All prints of drawings shall be a minimum of 
18 X 24 inches and a maximum size of 36 x 42 inches. 
These plans shall include: 

(1) Plan and sectional view dimensions of both the 
pool and the area enclosed by the barrier fences 
to include the bathhouse and the equipment room 
and pool accessories; 

Specifications of all treatment equipment used 
and their layout in the equipment room; 
A piping schematic showing piping, pipe size, 
inlets, main drains, skimmers, gutter outlets, 
vacuum fittings and all other appurtenances 
connected to the pool-piping system: 
Layout of the chemical storage room; 
Specifications for the water supply and 
wastewater disposal systems would include 
aspects such as well location and backwash 
water disposal where applicable. 
Any additional data requested by the local health department 
after the initial application shall be submitted in order to 
clarify any related phase of the project. 

(c) TTie Department shall approve, disapprove, or provide 
written comments on plans and specifications for public 
swimming pools within 30 days of their receipt. If such 
action is not taken within 30 days, the plans and specifica- 
tions shall be deemed approved. 

(d) If construction is not initiated within one year from 



(2) 



(3) 



(4) 
(5) 



the date of approval, the approval shall be voided. 

(e) Prior to issuance of the operation permit, the owner 
shall submit to the local health department a statement 
signed by a registered architect, or a registered professional 
engineer stating that construction is complete and in accor- 
dance with approved plans and specifications and approved 
modifications. Periodic observations of construction and a 
final inspection for design compliance by the certifying 
registered architect, or registered professional engineer or 
his representative shall be required for this statement. 

(f) Upon completion of construction, the contractor shall 
notify the local health department and the owner. The 
contractor shall provide the owner with a complete set of 
drawings, which show as built, the location of all pipes and 
the connections of all equipment and written operating 
instructions for all equipment. 

Statutory Authority G.S. 130A-282. 

.2510 PUBLIC SWIMMING POOL OPERATION 
PERMITS 

(a) No public swimming pool shall commence or continue 
operation on or after May 1, 1990, unless the owner or 
operator has an operation permit issued by the Department 
for each public swimming pool. Unless suspended or 
revoked, the operation permit shall be valid for the period 
of operation specified in the application but in no event shall 
it be valid for more than 12 months. For public swimming 
pools which are constructed or remodeled on or after May 
1, 1991, plans and specifications shall have been approved 
by the Department in accordance with Rule .2509. Compli- 
ance with the design and construction requirements in Rules 
.2512 - .2534 and approval of plans and specifications shall 
not be required for public swimming pools constructed or 
remodeled prior to May 1, 1991 1993. 

(b) On or after May 1, 1991, equipment replacement shall 
comply with Rules .2512 - .2534 and shall be approved by 
the Department pnor to installation. However, for swim- 
ming pools with existing turnover rates of less than four 
times in 24 hours, wading pools with existing turnover rates 
of less than 12 times in 24 hours, and spas with existing 
turnover rates of less than 48 times in 24 hours, pumps are 
not required to comply with Rule .2518 of this Section. 
Repairs do not require prior approval by the Department. 

(c) These Rules shall not apply until May 1, 1992 to 
public swimming pools in counties or districts where a local 
board of health has adopted rules pnor to July 5, 1989 that 
establish public swimming pool standards. On or after May 
1, 1992, all public swimming pools must meet these Rules. 
Construction, remodeling, or equipment replacement 
permitted under local rules prior to May 1, 1992 shall not 
be required to meet the design and construction require- 
ments of these Rules. 

(d) A separate application for an operation permit must be 
submitted for each public swimming pool. TTie owner or 
operator shall apply annually to the Department for an 
operator's permit. A form must be obtained from the 



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374 



PROPOSED RULES 



Department to provide the following information: 

(1) the owner's name, address, and phone number, 

(2) the operator's name, address, and phone num- 
ber; 

(3) street address of the public swimming pool; 

(4) the physical location of the public swimming 
pool; 

(5) type of public swimming pool; 

(6) construction date; 

(7) proposed operating dates; 

(8) type of disinfection; 

(9) other pertinent information. 

Statutory Authority G.S. 130A-282. 

.2511 INSPECTIONS 

Each public swimming pool shall be inspected by the 
Department at least once during the period of operation to 
determine compliance with the rules of this Section. 
Seasonal pools which open on or after April \ and close on 
or before October 3_1 shall be inspected at least once during 
the season. All other pools shall be inspected at least once 
during each calendar quarter during which the pools operate. 

Statutory Authoriry G.S. 130A-282. 

.2516 POOL PROFILE 

(a) The vertical walls shall not exceed 11° from plumb. 
Comers formed by intersection of walls and floors shall be 
coved or radiused. Hopper bottomed pools shall be prohib- 
ited. 

(b) Underwater ledges or protrusions shall be prohibited; 
except that underwater stairs, seats and benches may be 
installed in areas of the pool less than 3.5 feet deep. 



provided underwater seats and benches protrude no more 
than 18 inches into the pool and they are clearly marked by 
a contrasting color band on the leading edge and underwater 
stairs meet the requirements of Rule .2521 of this Section. 
Underwater seats shall not project into swim lanes. 

(c) The slope of the bottom of any portion of any public 
swimming pool having a water depth of less than five feet 
(1.52 m) shall not be more than one foot vertical change in 
10 feet (10 cm in one meter) of horizontal distance and the 
slope shall be uniform. 

(d) In portions of pools with water depths greater than 
five feet (1.52 m), the slope of the bottom shall not be more 
than one foot vertical in three feet (33.3 cm in one meter) 
of horizontal distance. 

(e) Design of diving areas shall be in accordance with 
Tables lA and IB of Rule .2517 of this Section. 

(fj Fountains and other water features installed in public 
swimming pools shall be approved prior to installation and 
shall comply with the following: 

( 1 ) Shall not be installed in an area with a water 
depth exceeding 18 inches; 

(2) Shall be recommended by the manufacturer for 
use in a public swimming pool; 

(3) Shall be installed in accordance with the manu- 
facturer's instructions; 

(4) Shall be separate from the pool water recircula- 
tion system; and 

(5) Shall not release water at a velocity greater than 
10 fe€t per second. 

Statutory Authority G.S. 130A-282. 



(2) 
(3) 



.2517 DIVE\G EQUIPMENT 

(a) When diving equipment is installed, it shall be located in the diving area of the pool so as to provide the minimum 
dimensions as shown in Tables lA and IB of this Rule and shall conform to the following specifications: 

(1) Diving equipment shall be designed for swimming pool use and shall be installed in accordance with the 
manufacturer's recommendations. 

Installation instructions and specifications shall be provided with each unit. 
A label shall be permanently affixed to the diving equipment and shall include: 

(A) manufacturer's name and address; 

(B) board length; 

(C) type of diving board; 

(D) fulcrum setting specifications if applicable. 

(4) Diving equipment shall have slip-resistant tread surfaces. 

(b) Supports, platforms, and steps for diving equipment shall be of substantial construction, and of sufficient strength to 
carry safely the maximum anticipated loads. Steps shall be of corrosion-resistant design. Handrails shall be provided at all 
steps and ladders leading to diving boards which are one meter or more above the water. 

(c) There shall be a completely unobstructed clear vertical distance of thirtcwn 13 feet abo\'e any diving board measured 
from the center of the front end of the board. This area shall extend horizontally at least eight feet behind, eight feet to each 
side, and sixteen 16 feet ahead of Point A in Table lA. 



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PROPOSED RULES 



Table lA 



Maximum 
Board 
Length 


Maximum 
Board Height 
Above Water 


Board 

Overhang 

(Pt A) 

Max. Min. 


Minimum Water 
Depths 

Dl D2 


D3 


12' 


up to 30" 


5' 


4'0" 


8'0" 


9'0" 


8 '3" 


16' 


1 Mtr. 


6' 


5'0" 


8'6" 


9'3" 


8'6" 


16' 


3 Mtrs. 


6' 


5'0" 


11 '6" 


12'0" 


ir6" 



KEY TO ABBREVIATIONS: 

Pt A is the point on the water line of the pool directly beneath the end of the diving board. 

Dl is the depth of the water measured from the water line to the floor at the beginning of the radius connecting the end wall 
with the floor at the deep end of the pool. 

D2 is the depth of the water at the deepest point in the pool. 

D3 is the depth of the water at the point where the deep area of the f)ool meets the transition to the shallow area of the pool. 

Table IB 



Maximum 
Board 
Length 


Horizontal Distances 


Minimum 

Pool 

Width 


Minimum 
Separation 
Distances 

F G 


12' 


3' 


7' 


10'3" 


9'9" 


30' 


4' 


20' 


10' 


10' 


16' 


5' 


5' 


11 '6" 


10'6" 


32' 


4' 


24' 


12' 


10' 


16' 


5' 


5' 


7'6" 


19'6" 


37' 


3' 


28' 


14' 


12' 



KEY TO ABBREVIATIONS: 

LI is the radius of the curve connecting the side wall to the floor at the deep end of the pool. 

L2 is the distance between the center of the radius connecting the end wall to the floor at the deep end of the pool and the 
deepest point in the pool. 

L3 is the distance between the deepest jx)int in the pool and the beginning of the transition to the shallow area of the pool. 

L4 is the length of the transition zone. 

L5 is the total of LI + L2 + L3 + L4. 

L6 is the length of the shallow area of the pool. 

F is the distance between the side wall of the pool and the centerline of the diving board. 

G is the distance between the center lines of two adjacent diving boards. 



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376 



PROPOSED RULES 



(d) Public pools with diving facilities in excess of three meters in height, or pools designed for platform diving, shall be 
approved on a case-by-case basis. 

(e) Minimum water depth for diving platforms used for racing starts during competition and practice shall be measured 
at a distance of 3 feet, 3 1/2 inches (1.0 meter) to 16 feet. 5 mches (5.0 meters) from the end wall. Height of starting blocks 
shall not exceed the following: 

(1) In pools with water depth less than 3 feet. 6 inches ( 1 .07 meters) at the starting end, raised starting platforms 
shall be prohibited. 

(2) In pools with water depth 3 feet. 6 inches (1.07 meters) to less than 4 feet (1.22 meters) at the starting end, 
starting platforms shall be no more than 18 mches (0.46 meter) above the water surface. 

(3) In pools with a water depth of 4 feet (1.22 meters) or greater at the starting end, starting platforms shall be no 
more than 30 inches (0.762 meter) above the surface of the water. Starting platforms shall be constructed to be 
easily removed from the deck when the swimming pool is used for other than competitive purposes. 



Stamwrx Authoritx G.S. 130A-282. 



.2518 CIRCULATION SYSTEM 

(a) Pools shall be equipped with a circulation system. 

(b) The capacity of the circulation system shall be 
sufficient to clarify and disinfect the entire volume of 
swimming pool water four times in 24 hours. The system 
shall be operated 24 hours per day during the operating 
season. 

(c) The piping of the circulation system shall be designed 
and installed so that the main drains, and the lines from the 
perimeter overflow system or the automatic surface skim- 
mers shall be connected to the suction line of the circulation 
pump. 

(d) The circulation piping shall be designed and installed 
with the necessary valves and pipes so that the flow from 
the swimming pool can be from main drains or the surface 
overflow system. The circulation piping shall be designed 
such the flow of water from the swimming pool can be 
simultaneous from the surface overflow system and the main 
drains. Skimmer piping shall be sized to handle the 
maximum flow rate for the required number of skimmers, 
but in no case less than 50 percent of the design flow rate. 
Perimeter overflow system piping shall be sized to handle 
50 percent of the design flow rate. The main drain piping 
shall be sized to handle 50 percent of the design flow rate. 

(e) Piping shall be designed to reduce friction losses to a 
minimum and to carry the required quantity of water at a 
maximum velocity not to exceed six feet (1.83 m) per 
second for suction piping and not to exceed 10 feet (2.44 m) 
per second for discharge piping except for copper pipe 
where the velocity shall not exceed eight feet per second. 
Piping shall be of non-toxic material, resistant to corrosion, 
and able to withstand operating pressures. If plastic pipe is 
used, a minimum of Schedule 40 PVC shall be required 
except that flexible PVC hoses which meet NSF Standard 
Number 50 shall be allowed . Exposed pipes and valves 
shall be identified by a color code or labels. 

(0 The circulation system shall include a strainer to 
prevent hair, lint, and other debris from reaching the pump. 
A spare basket shall be provided. Strainers shall be 
corrosion-resistant with openings not more than V* inch (6.4 
mm) in size which shall provide a free flow area at least 
four times the cross-section area of pump suction line and 



shall be accessible for daily cleaning. 

(g) A vacuum cleaning system shall be provided to 
remove debris and foreign material which settles to the 
bottom of the swimming pool. Pools with more than two 
skimmers shall be provided with a vacuum cleaning system 
which is an integral part of the circulation system. Connec- 
tions shall be located at intervals sufficient to reach the 
entire pool with a 50 foot hose. Skimmer vacuums may be 
used in pools with two or fewer skimmers provided the 
skimmer basket remains in place while the vacuum is in 
operation. The vacuum cleaning system shall be provided 
with valves and protective caps. 

(h) A rate-of-flow indicator, reading in liters or gallons 
per minute, shall be installed on the filtered water line and 
located so that the rate of circulation is indicated. The 
mdicator shall be capable of measuring flows which are at 
least VA times the design flow rate, shall be accurate within 
10 per cent of true flow, and shall be easy to read. The 
mdicator shall be installed in accordance with manufactur- 
ers' specifications. 

(i) A pump or pumps shall be provided with adequate 
capacity to recirculate the swimming pool water four times 
in 24 hours, and shall be so located as to eliminate the need 
for priming. If the pump or pumps, or suction piping is 
located above the overflow level of the pool, the pump or 
pumps shall be self-priming. The pump or pumps shall be 
capable of providing a flow adequate for the backwashing of 
filters. Unless headloss calculations are provided by the 
designing engineer, pump design shall be based on an 
assumed total dynamic head of 65 feet of water. Pumps 
three horsepower or smaller shall be National Sanitation 
Foundation (NSF) hsted or verified by an independent third- 
party testing laboratory to meet all applicable provisions of 
NSF Standard Number 50. Verification shall include testing 
and in-plant quality control inspections. Larger pumps for 
which NSF listing is not available shall be approved on a 
case-by-case basis. 

(j) Inlets. 
(1) Inlets shall be provided and arranged to produce 
a uniform circulation of water and maintain a 
uniform disinfectant residual throughout the 
pool. 



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PROPOSED RULES 



(2) 



The number of inlets for any swimming pool 
with a surface area of 2,000 square feet (186 sq 
m), or less, will be determined based on return 
water flow. Flow rates (in gallons per minute) 
through various sized inlet branches shall not 
exceed those listed in Table 2 of this Rule. 
There shall be a minimum of four inlets for any 
swimming pool. For any pool with a surface 
area greater than 2,000 square feet (186 sq m), 
the number of inlets shall be based on one inlet 
per 15 feet of perimeter or portion thereof. 

Table 2 



Inside Pipe Diameter 


GPM 


1 inch 


10 


1 V4 inches 


20 


VA inches 


30 


2 inches 


50 



(3) When wall inlets are used, they shall be equally 
spaced around the perimeter. When floor inlets 
are used, they shall be spaced throughout the 
pool to accomplish a uniform recirculation. 

(4) Provision shall be made to permit adjustment of 
the flow through each inlet, either with an 
adjustable orifice or provided with replaceable 
orifices to permit adjustments of the flows. 

(k) Drains. 

(1) Swimming pools shall be provided with at least 
two main drain outlets which shall be located at 
the deepest section of the jxxjI and connected by 
"T" piping. Connecting piping shall be of tho 
same diam e t e r aa tho main drain pip e sized and 
configured such that blocking any one drain will 
not result in flow through the remaining drains 
or pipes exceeding the maximum flow velocities 
specified in this Section . The drains shall be 
capable of permitting the pool to be emptied 
completely. Drains shall be spaced not more 
than 30 feet (9.1 m) apart, and not more than 15 
feet (4.6 m) away from the side walls. 

(2) Other systems which require suction outlets shall 
be provided with two drains with "T" connection 
pipe. This provision does not apply to capped 
vacuum outlets. 

(3) Outlet drain gratings shall have a total area of at 
least four times the area of the discharge pipe 
and shall be designed so as not to be readily 
removed by or create any hazard to bathers. 

(4) The outlet grate open area shall be such that 
when maximum flow of water is being pumped 
through the floor outlet, the velocity through the 
open grate shall not be greater than one and 
one-half feet per second. Outlet grates shall be 
anchored and openings in grates shall be slotted 
and the maximum dimension of slots shall not be 



more than one-half inch. Where outlet fittings 
consist of parallel plates, of the anti-vortex type 
where the water enters the fittings from the 
sides, rather than through a grating facing 
upward, entrance velocities may be increased to 
six feet per second. 
(1) Surface Overflow Systems. 

(1) Swimming pools shall be provided with a sur- 
face overflow system which shall be an integral 
part of the circulation system and which shall 
consist of a built-in-place perimeter overflow 
system, a pre-fabricated perimeter overflow 
system, or recessed automatic surface skimmers. 

(2) Whenever a built-in-place perimeter overflow 
system or a pre-fabricated perimeter overflow 
system is provided, it shall be designed and 
installed as follows: 

(A) The system shall be capable of handling 50 
percent of the circulation flow without the 
overflow troughs being flooded for any appre- 
ciable period of time; 

(B) A surge capacity shall be provided either in 
the system or by use of a surge tank; and the 
total surge capacity shall be at least equal to 
one gallon per square foot (41L per square 
meter) of swimming pool water surface area; 

(C) The water level of the swimming pool shall be 
maintained at, or slightly higher than, the level 
of the overflow rim of the perimeter over- 
flows, except for the time needed to transfer 
all of the water which may be in the surge 
capacity back into the swimming pool after a 
period of use; provided that this transfer time 
shall not be greater than 20 minutes; 

(D) When installed the tolerance of the overflow 
rim shall not exceed 1/4 inch (6.4 mm) as 
measured between the highest point and the 
lowest point of the overflow rim; 

(E) During quiescence, the overflow system shall 
be capable of providing continuously and 
automatically a skimming action to the water 
at the surface of the swimming pool; 

(F) The overflow troughs shall be installed com- 
pletely around the perimeter of the swimming 
pool, except at steps, recessed ladders and 
stairs; 

(G) The exposed surfaces of the overflow trough 
shall be capable of providing a firm and safe 
hand-hold; and 

(H) The overflow trough shall be cleanable and 
shall be of such configuration as to minimize 
accidental injury. 

(3) Whenever a recessed automatic surface skimmer 
or skimmers are installed, they shall be designed 
and constructed in accordance with Section 8 of 
the National Sanitation Foundation's Standard 
#50 for circulation system components for 



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June 15, 1995 



378 



PROPOSED RULES 



swimming pools, spas, or hot tubs, which is 
hereby incorporated by reference mcluding any 
subsequent amendments and editions. This 
material is available for inspection at the Depart- 
ment of Environment, Health, and Natural 
Resources, Division of Environmenlal Health, 
1330 St. Mary's Street, Raleigh, North Caro- 
lina. Copies may be obtained from the National 
Sanitation Foundation, 3475 Plymouth Road, 
P.O. Box 1468, Ann Arbor, Michigan 48106 at 
no cost. Recessed automatic surface skimmers 
shall be installed as follows: 

(A) The flow-through rate through any one re- 
cessed automatic surface skimmer shall be 
between 20 and 30 gallons per minute. Piping 
shall be sized to allow a flow of 30 gallons per 
minute for each skimmer; 

(B) There shall be at least one recessed automatic 
surface skimmer for each 400 square feet (46 
sq. m) of water surface area of the swimming 
pool or fraction thereof: 

(C) When two or more recessed automatic surface 
skimmers are required, they shall b>e so located 
as to minimize interference with each other 
and as to insure proper and complete skim- 
ming of the entire swimming pools water 
surface; 

(D) Skimmers shall not protrude into the swim- 
ming pooL Automatic surface skimmer or 
skimmers without a perimeter overflow sys- 
tem, shall be installed so that the operating 
level of the pool is no more than nine inches 
below the finished deck level so that the deck 
can be used as a handhold. 

(m) Where flooded suction on the pump is not possible to 
prevent cavitation and loss of prime, skimmers shall have a 
device or other protection to prevent air entrainment in the 
suction line. The inlet to the equalizer line shall be pro- 
vided with a grate. 

(n) Nothing in this Section shall preclude the use of a 
roll-out or deck-level type of swimming pool. Such designs 
shall conform to the general provisions relating to surface 
overflow systems TTie design of the curb and handhold 
shall be approved by the Department based on detailed 
review of this feature of construction and evaluated in the 
light of proposed use of the swimming pool. 

(o) Nothing in this Section shall preclude the use of a 
surface overflow system which combines both a perimetei 
overflow system and a recessed automatic surface skimmer 
or skimmers. 

Statutory Authority G.S. I30A-282. 

.2519 FILTERS 

(a) All swimming pools shall be equipped with a filtration 
system for the purpose of clarifying the swimming pool 
water; said filtration system shall be an integral part of the 



circulation system and shall consist of one or more units of 
sand type filters, of diatomacious earth type filters, or of 
cartridge type filters. 

(b) All filter units shall be designed and constructed in 
accordance with Section 5 of the National Sanitation 
Foundation's Standard number 50 which is hereby adopted 
by reference in accordance with G.S. 150B-14(c), or 
equivalent. 

(c) When a sand type filter is installed on a swimming 
pool, it may be either a gravity or a pressure sand type 
filter, and it may be either a standard-rate sand type filter 
which shall be designed for filtration rates not in excess of 
three gallons per minute per square foot ( 1 22 L per minute 
per square meter) of sand bed area, or a high-rate sand type 
filter which shall be designed for filtration rates not in 
excess of 15 gallons per minute per square foot (612 L per 
minute per square meter) of sand bed area or the flow rate 
indicated for commercial pools in the most recent NSF 
listing . 

(d) When a sand type filter is installed on a swimming 
f)ool, it shall be designed and installed such that it may be 
back"washed at a rate recommended by the manufacturer or, 
in the absence of manufacturer's recommendations, at a rate 
not less than 15 gallons per minute per square foot (612 L 
per minute per square meter) of filter bed area. The 
backwash water shall be discharged to waste. A sight glass 
or other means for viewing the clarity of the backwash 
water shall be provided. 

(e) If the sand type filter is designed to be operated in 
conjunction with a coagulant, a chemical feeder shall be 
provided for adding the coagulant ahead of the filters. 

(f) When a diatomacious earth type filter is installed on 
a swimming pool, it may be either a pressure or vacuum 
type and it may be designed to operate either with or 
without continuous body feed. Diatomaceous earth filters 
which operate with continuous body feed shall be designed 
for filtration rates not in excess of 2.5 gallons per minute 
per square foot (102 L per minute per square meter) of filter 
area; and diatomaceous earth filters which operate without 
continuous body feed shall be designed for filtration rates 
not in excess of two gallons per minute per square foot (82 
L per minute per square meter) of filter area. 

(g) When a diatomaceous earth type filter is installed on 
a swimming pool, it shall be designed and installed with 
provisions for cleaning by one or more of the following 
methods: 

( 1 ) backwashing at two gallons per minute per 
square foot minimum; 

(2) air-bump-assist backwashing; 

(3) spray wash, (either mechanical or manual); or 

(4) agitation. 

(h) The water used in cleaning a diatomaceous earth type 
filter shall be discharged to waste, or in a manner approved 
by the Department. 

(i) When a cartridge type filter is installed on a swimming 
pool, it shall be designed for filtration rates not in excess of 
0.375 gallons per minute per square foot (15 L per minute 



379 



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June 15, 1995 



10:6 



PROPOSED RULES 



per square meter) of effective filtration area. 

(j) When a cartridge type filter is installed on a swimming 
pool, it shall be designed and installed with provisions being 
provided for cleaning or replacement as recommended by 
the manufacturer. Two sets of filter cartridges shall be 
provided to facilitate the cleaning and drying of one set 
while the filter is operating. 

(k) All filters on swimming pools shall be designed and 
installed so as to provide easy accessibility for cleaning, 
operating, maintaining, and servicing. All filter tanks shall 
be so positioned as to provide adequate circulation of air 
beneath and around all sides, when necessary, to reduce 
corrosion and to facilitate cleaning. Whenever filter tanks 
are installed in the ground (i.e. buried), provisions shall be 
made so that the tanks are protected against corrosion and 
are installed in accordance with the recommendations of the 
manufacturer. 

(1) Filters on swimming pools shall be equipped with an 
approved type pressure gauge or gauges. 

(m) Filters on swimming pools shall be designed and 
installed with all the necessary valves and piping which may 
be needed to drain the filters completely. 

(n) All pressure filters on swimming pools shall be 
designed and installed with an air-relief valve or valves 
which shall be located at or near the high point of the 
filters. 

Statutory Authority G.S. 130A-282. 

.2521 LADDERS, RECESSED STEPS, AND STAIRS 

(a) If the vertical distance from the bottom of the swim- 
ming pool to the deck is over two feet (0.61 m), recessed 
steps, stairs, or ladders shall be provided in the shallow area 
of all swimming pools. Recessed steps or ladders shall be 
provided at the deep portion of all pools; and, if the 
swimming jxxsl is over 30 feet (9. 14 m) wide, such recessed 
steps or ladders shall be installed on each side near the deep 
end. At least one ladder or set of recessed steps shall be 
provided in the shallow area for each 75 feet of shallow area 
jjerimeter, or fraction thereof Where stairs are provided in 
the shallow area of the pool, one ladder may be deleted in 
the shallow area for each stairway provided. 

(b) Pool Stairs - The design and construction of pool 
ladders and stairs shall conform to the following: 

(1) Stair treads shall have a minimum unobstructed 
horizontal depth of 10 inches, and a minimum 
unobstructed surface area of 240 square inches, 

(2) Risers at the centerline of the treads shall have 
a maximum uniform height of 12 inches, with 
the bottom riser height allowed to vary plus or 
minus two inches from the uniform riser height. 

(3) Each set of stairs shall be provided with at least 
one handrail to serve all treads and risers. 

(A) Handrails, if removable, shall be installed in 
such a way than they cannot be removed 
without the use of tools. 

(B) The leading edge of handrails facilitating stairs 



and pool entry/exit shall be no more than 18 
inches, plus or minus three inches, horizon- 
tally from the vertical plane of the bottom riser 
(where applicable). 
(C) The outside diameter of handrails shall be 
between one inch and one and nine-tenths 
inches. 

(4) Contrasting color bonds or linos at loaat two 
inchoa wide shall bo applied to tho front odgo of 
otair tr e ads. The leading edge of stair treads 
shall be marked with a contrasting color band or 
line at least two inches (5 cm) wide. Use of 
contrasting color tiles installed in the stair tread 
shall be accepted provided the tiles are spaced 
no more than one inch (2.5 cm) from the edge 
of the tread or from adjacent tiles. 

(5) Swimming pool ladders shall be corro- 
sion-resistant and shall be equipped with 
slip-resistant treads. All ladders shall be so 
designed as to provide a handhold and shall be 
installed rigidly. There shall be a clearance of 
not more than five six inches (4ir7 15.3 cm), 
nor less than three inches (7.6 cm), between any 
ladder and the swimming pool wall. If the steps 
are inserted in the walls; or if step holes are 
provided, they shall be of such design that they 
may be cleaned easily and shall be arranged to 
drain into the swimming pool to prevent the 
accumulation of dirt thereon. Step holes shall 
have a minimum tread of five inches (12.7 cm) 
and a minimum width of 14 inches (35.6 cm). 

(6) When step holes or ladders are provided within 
the swimming pool, there shall be a handrail at 
each side extending over the coping or edge of 
the deck. Ramps and stairs, including recessed 
steps, shall have at least one handrail. 

Statutory Authority G.S. J30A-282. 

.2522 DECKS 

(a) Outdoor swimming pools shall have a continuous deck 
extending completely around the swimming pool. The width 
of the deck or walkway shall provide at least six feet of 
clear walking space at all points. If the swimming area of 
the pool is 1600 square feet or larger, at least eight feet of 
clear walking space is required. 

(b) Indoor swimming pools shall have a continuous deck 
or walkway extending completely around the swimming 
pool. The width of the deck shall provide at least five feet 
of clear walking space at all points. 

(c) Wading p>ools shall have a continuous deck extending 
completely around the wading pool. The width of the deck 
or walkway shall provide at least four feet of clear walking 
space at all points. 

(d) Spas shall have a continuous deck extending at least 
one-half way around the spa. The width of the deck or 
walkway shall provide at least four feet of clear walking 



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June 15, 1995 



380 



PROPOSED RULES 



space at all points. 

(e) Whenever a diving board or slide is installed on a 
swimming jxx)!, there shall be at least five feet (1.52 m) of 
unobstructed deck behind the diving board or slide. 

(f) All deck areas and walkways shall be sloped at a 
grade of 'A inch to '/i inch per foot to a deck drain or sheet 
drain to deck edge. Deck drains shall not be connected to 
the circulation system in any manner. 

(g) All decks and walkways shall have a slip-resistant, 
impervious surface; except that non-porous resilient artificial 
recreational surfaces may be used if approved by the 
Department. 

(h) Sufficient hose bibs shall be provided to allow all 
areas of the deck to be reached with a 100 foot hose. 

(i) Special purpose pools such as waterslides and wave 
pools may vary from the minimum deck area requirements 
to the extent necessary to accommodate the special features 
of the pool. 

(i) Special structures necessary to provide access to a 
public swimming pool by persons with disabilities shall be 
allowed to vary from the provisions of this Section to the 
extent necessary to accommodate such access. Such 
structures shall be approved on a case-bv-case basis and 
shall be designed so as to rrummize obstruction of the deck. 

Statutory Authority G.S. 130A-282. 

.2523 DEPTH MARKINGS A>JD SAFETY ROPES 

(a) On swimming pools, the depth of the water shall be 
marked plainly, at or above, the water surface on the 
vertical wall of the swimming pool where possible, and on 
the edge of the deck next to the swimming pool. Where 
depth markers cannot be placed on the vertical walls at or 
above the water level, other means shall be used; provided 
said markings shall be plainly visible to persons in the 
swimming pool. Depth markers shall be placed at the 
following locations: 

(1) at the points of maximum and minimum depths; 

(2) at the transition point where the slope of the 
bottom changes from the uniform slope of the 
shallow area; 

(3) if the pool is designed for diving, at appropriate 
points as to denote the water depths in the diving 
area; 

(4) at both ends of the pool. 

(b) Depth markers shall be so spaced that the distance 
between adjacent markers is not greater than 25 feet (7.5 m) 
when measured peripherally. 

(c) Depth markers shall be in Arabic numerals at least 
four inches (10 cm) high and of a color contrasting with the 
background. Depth markings installed in pool decks shall 
provide a slip resistant walking surface. 

(d) A minimum of % inch diameter safety rope shall be 
provided at the breakpoint where the slope of the bottom 
exooodo changes to exceed a 1 to 10 vertical rise to horizon- 
tal distance at a water depth of five feet (1.5 m) or less. The 
position of the rope shall be marked with colored floats at 



not greater than a five-foot spacing and a 2 inch wide 
contrasting color band across the pool bottom. 

(e) Notice shall be provided in the pool area that no 
diving is allowed in areas of the pool less than 5 feet (1.5m) 
deep. Posting of this notice shall not preclude shallow 
diving for racing starts and supervised practice. 

Statutory Authority G.S. 130A-282. 

.2524 LIGHTING AND VENTILATION 

(a) El e ctrical oompon e nta of public swimming poolo Dholi 
moot the roquiromonta of the latest National Eloctrical Codo 
(NEC) R, as published by tho National Firo Protection 
Association, which ar e h e r e by incorporat e d by r e f e ronoo 
including any s ubs e qu e nt am e ndm e nts and e ditions. — This 
matorial is available for in s pection at tho Dopartmont of 
Environmont, Hoalth. and Natural Resourcos, Division of 
Environm e ntal H e alth, 1330 St. Mar)''o Stroot, Raloigh, 
North Carolina. — Copi e s may be obtninod from the North 
Carolina Department of Insuronco, Engineering Division, 
Post Office Box 26387, Raloigh, North Carolina 2761 1 at a 
cost of thirty dollars ($30.00). 

(a) (¥) Artificial lighting shall be provided at all indoor 
and outdoor pools which are to be used at night, or when 
natural lighting is insufficient to provide clear visibility in 
the pool area. 

(b) fe^ Lighting fixtures shall be of such number and 
design as to illuminate all parts of the pool, the water, the 
depth markers, and the entire deck area. 

(c) fd) Fixtures shall be installed so as not to create 
hazards such as burning, electrical shock, mechanical injury, 
or temporary blinding by glare to the bathers, and so that 
lifeguards, when provided, can clearly see every part of the 
fxxjl area without being blinded by glare. The illumination 
shaU t>e sufficient so that the floor of the pool can be seen 
at all times the pool is in use. 

(d) (e) If underwater lighting is used, it shall provide at 
least 0.5 watts or 8.35 lumens per square foot of water 
surface. 

(e) ff) If underwater lighting is used, area lighting shall 
provide at least 0.6 watts or 10 lumens per square foot of 
deck area. Where underwater lighting is not used, and night 
swimming is permitted, area and pool lighting combined 
shall provide not less than 2.0 watts or 33.5 lumens per 
square foot of pool area. 

(f) fg) Mechanical ventilation shall be required for all 
indoor pools. 

Statutory Authority G.S. 130A-282. 

.2526 DRESSING AND SANITARY FAdLITIES 

(a) Dressing and sanitary facilities shall be provided at all 
pools, except for pools at hotels, motels, condominiums, 
and apartments where pool use is restricted to residents or 
guests. At condominiums and apartments where the farthest 
unit is more than 300 feet from the pool, as measured along 
walkways provided for access by residents or guests to the 



381 



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June 15, 1995 



10:6 



PROPOSED RULES 



pool area, toilets shall be provided. 

(b) Partitions shall be of durable material, not subject to 
damage by water and shall be designed so that a waterway 
is provided between partitions and floor to permit thorough 
cleaning of the walls and floor areas with hoses and brooms. 

(c) Floors of the dressing facility shall be continuous 
throughout the areas. Floors shall have a slip-resistant 
surface that shall be relatively smooth, to insure complete 
cleaning. Floor drains shall be provided, and floors shall be 
sloped not less than V* inch per foot toward the drains to 
insure positive drainage. 

(d) Throo fourths inch hoso bibs Bibs shall be provided 
such that all parts of the dressing facility interior can be 
reached with a 50 foot hose. 

(e) The minimum criteria for dressing and sanitary 
facilities shall be based upon the maximum bather load. 

(f) One water closet, one lavatory, and one urinal shall be 
provided for the first 100 male users. One additional water 
closet, lavatory, and urinal shall be provided for each 
additional 200 male users or major fraction thereof. Where 
the maximum bather load includes less than 50 male users, 
one water closet and one lavatory will be sufficient. 

(g) Two water closets and two lavatories shall be pro- 
vided for the first 100 female users. One additional water 
closet and lavatory shall be provided for each additional 100 
female users or major fraction thereof. Where the maximum 
bather load includes less than 50 female users, one water 
closet and one lavatory will be sufficient. 

(h) Showers shall be provided in the proportion of one for 
each 50 100 persons at the time of maximum bather load. 

(i) The water heater shall be inaccessible to users. The 
system shall be designed such that water temperature at the 
shower heads and lavatories cannot exceed 1 10° Fahrenheit. 

(j) Soap dispensers for providing either liquid or pow- 
dered soap shall be provided at each lavatory or inside 
shower. The dispenser shall be of all metal or plastic type, 
with no glass permitted in these units. 

(k) If mirrors are provided, they shall be of shatterproof 
materials. 

(1) Toilet paper holders shall be provided at each water 
closet combination. 



the enclosure shall not exceed four inches; there 
shaU be at least 30 inches between any horizontal 
bottom rails or stringers and the next horizontal 
rails or stringers; 

(4) The height of any opening under the bottom of the 
enclosure shall not exceed four inches (10 cm); 

(5) Openings under and through a fringe or barrier 
with the gate(s) closed shall be sized so that a 4'/^ 
inch diameter sphere cannot be passed through the 
openings; 

(6) All gates and doors shall be equipped with 
self-closing and positive self-latching closure 
mechanisms which shall bo looatod at a height at 
loaot throo foot, and shall be equipped with locking 
devices. Gates provided to allow bathers access to 
the pool shall be located so as to open into the 
pool at a point where the water is less than five 
feet d ee p; deep. On pools built after May X^ 
1996, access gates shall open away from the pool 
except when natural topography or other condi- 
tions dictate that it open inward. Release of the 
latch on the self-latching device shall be activated: 

(a) at a height no less than 54 inches above grade 

for wire mesh access gates and at a height no 
less than 54 inches above the horizontal bottom 
rail of a picket/ornamental access gate; or 

(h) on the pool side of the gate at a distance of no 
less than three inches below the top of the gate. 

(7) Gates provided specifically for access to equip- 
ment rooms shall be locked at all times when not 
in use by the pool operator; 

(8) Ground level doors and windows opening inside 
the pool enclosure must be self-closing or child 
protected; and 

(9) Self-closing, self-latching gates shall not be re- 
quired for sor i 'ice gates which are kept locked, or 
for entrances where access is controlled by a gate 
attendant and a lifeguard is on duty in the pool 



Statutory Authority G. S. 130A-282. 



Statutory Authority G.S. 130A-282. 

.2528 FENCES 

Swimming pools shall be protected by a fence, wall, 
building, or other enclosure, or any combination thereof, 
which completely encloses the swimming pool area such that 
all of the following conditions are met: 

(1) Constructed so as to afford no external handholds 
or footholds. However, the use of chain link wire 
mesh fences with a mesh size of 2 '^ inches or less 
is permitted; 

(2) A four foot (1.22 m) minimum height (from the 
outside approach) is provided entirely around the 
swimming pool; 

(3) The horizontal space between vertical members of 



.2529 USER LOADING 

In determining the maximum number of persons allowed 
in the pool at any one time, the following criteria shall 
govern: 

(1) Fifteen square feet (1.39 sq m) of water surface 
area per person shall be provided in areas of the 
pool loss than five feet (1.52 m) deep or less. 

(2) Twenty-four square feet (2.23 sq m) of water 
surface area per person shall be provided in areas 
of the pool greater than five feet ( 1 .52 m) deep ef 
greater . Three hundred square feet (27.87 sq m) 
of pool area around each diving board or plat- 
form, where provided, shall not be included in 
computing this area for the purpose of determining 
maximum bather load. 



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June 15, 1995 



382 



PROPOSED RULES 



(3) Ten square feet (0.9 sq m) of water surface area 
per person shall be provided in spas. 

Statutory Authority G.S. 130A-282. 

.2530 SAFETY PROVISIONS 

(a) Swimming pools shall have lifesaving equipment 
conspicuously and conveniently on hand at all times. A unit 
of lifesaving equipment shall include the following: 

(1) A light, strong pole not less than 12 feet long, 
including a body hook. 

(2) A minimum 'A inch diameter throwing rope as 
long as one and one-half times the maximum 
width of the pool or 50 feet, whichever is less, 
to which has been firmly attached a U.S. Coast 
Guard approved ring buoy. 

(b) Two units of lifesaving equipment must be provided 
for any pool which exceeds 3,000 square feet (186 sq m) of 
total surface area. 

(c) When a public swimming pool does not have at least 
one lifeguard on duty, a sign shall be posted which has 
clearly legible letters of at least four inches (10 cm) in 
height stating: "WARNTNG-NO UFEGUARD ON DUTY." 
In addition there shall be signs stating: "CHILDREN 
SHOULD NOT USE THE SWIMMING POOL WITHOUT 
ADULT SUPERVISION", and: "ADULTS SHOULD NOT 
SWIM ALONE". Wading pools which do not have a 
lifeguard inside the wading pool enclosure shall have a sign 
posted stating "WARNING NO UFEGUARD ON DUTY". 
Such signs shall be mounted permanently. 

(d) A sign prohibiting pets and glass containers in the 
pool area shall be provided. 

Statutory Authority G.S. 130A-282. 

.2531 WADING POOLS 

Wading pools shall be designed by a registered profes- 
sional engineer or registered architect, and shall meet all 
design specifications for swimming pools and wading pools 
included in Rules .2512 - .2530 of this Section with the 
following exceptions: 

(1) No wading pool s hall b e dir e ctly or physically 
attached to any sw i mming pool. Wading pools 
shall be physically separate from other public 
swimming pools except that a fill pipe and valve 
from a swimming pool recirculation system can be 
used to introduce water to a wading pool. 

(2) Every wading pool shall be equipped with a 
circulation system which is separate from, and 
independent of, the circulation system of the 
swimming pool. Such circulation system shall at 
least consist of a circulating pump, piping, a filter, 
a rate-of-flow meter, a disinfectant feeder, two 
inlets, two main drains with "T" connecting 
piping, and one automatic surface skimmer. 
Individual components of a wading pool system 
must meet the criteria of Rule .2518 of this 



Section. 

(3) The capacity of the circulation system shall be 
capable of filtering and disinfecting the entire 
volume of water in the wading pool 12 times in 
every 24 hours. 

(4) Wading pools shall be equipped with main drains 
located at the deepest point of the wading {xx)l and 
covered by gratings which meet the requirements 
of Rule .2518(k) of this Section. 

(5) Wading pools shall be equipped with a surface 
overflow system capable of removing floating 
material. 

(6) Wading pools shall not be deeper than 18 inches 
(61 cm) at the deepest point. 

(7) Wading pools' floor slope shall not exceed one 
foot in 12 feet. 

(8) Wading pools shall be located in the vicinity of the 
shallow end of the swimming pool, and shall be 
separated from the swimming pool by a fence or 
structure similar to that described in Rule .2528 of 
this Section, with an enclosure of at least three 
feet high which shall be equipjjed with self-closing 
and positive self-latching closure mechanisms, and 
shall be equipped with permanent locking devices. 

(9) Wading pools shall be designed to provide at least 
10 square feet per child. 

(10) Depth markers shall not be required at wading 
pools. 

Statutory Authority G.S. 130A-282. 

.2532 SPAS AND HOT TUBS 

Spas and hot tubs shall be designed by a registered 
professional engineer or registered architect, and shall meet 
all design specifications for swimming pools and wading 
pools included in Rules .2512 - .2530 of this Section with 
the following exceptions: 

(1) The circulation system equipment shall provide a 
turnover rate for the entire water capacity at least 
once every 30 minutes. 

(2) The arrangement of water inlets and outlets shall 
produce a uniform circulation of water so as to 
maintain a uniform disinfectant residual through- 
out the spa. 

(3) A minimum of two inlets shall be provided with 
inlets added as necessary to maintain required 
flowrate. 

(4) Water outlets shall be designed so that each 
pumping system in the spa (filter systems or 
booster systems if so equipped) provides the 
following: 

(a) Two bottom drains connected by "T" piping. 
Connecting piping shall be of the same diameter 
as the main drain outlet. Suoh Filter system 
drains shall be capable of emptying the spa 
completely. Drains shall be installed at least six 
inches apart. Bottom drains shall bo equipped 



383 



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June 15, 1995 



10:6 



PROPOSED RULES 



with anti vortox platos that cannot bo removed 

oxoept with tools. 

(b) Filtration systems shall provide at least one 

surface skimmer per 100 square feet, or fraction 

thereof of surface area. 

^ Piping shall b e largo enough to p e rmit th e rat e d 

flow for filt e ring and cleaning without oxoooding 

the total load dovolopod by the pump at tho rated 

(5") ^ The water velocity in spa or hot tub discharge 
piping shall not exceed teft jO feet per second 
(3.05 m/ second); except for copper pipe where 
water velocity shall not exceed eight feet per 
second (2.44 m/second). Suction water velocity in 
any piping shall not exceed six feet per second 
(1.83 m/second). 

(6) (7) Spa recirculation systems shall be separate 
from companion swimming pools. 

(a) Where a two-pump system is used, one pump 
shall provide the required turnover rate, filtra- 
tion and disinfection for the spa water. The 
other pump shall provide water or air for hydro- 
therapy turbulence without interfering with the 
operation of the recirculation system. The timer 
switch will activate only the hydrotherapy pump. 

(b) Where a single two-speed pump is used, the 
pump shall be designed and installed to provide 
the required turnover rate for filtration and 
disinfection of the spa water at all times without 
exceeding the maximum filtration rates specified 
in Rule .2519 of this Section. The timer switch 
shall activate only the hydrotherapy portion of 
the pump. 

(c) Where a single one-speed pump is used, a timer 
switch shall not be provided. 

(7) (*) A timer switch shall be provided for the 
hydrotherapy turbulence system with a maximum 
of 15 minutes on the timer. TTie switch shall be 
placed such that bathers must leave the spa to 
reach the switch. 

(8) (9) The maximum operational water depth shall be 
four feet (1.22 m) measured from the water line. 

(9) (40) The maximum depth of any seat or sitting 
bench shall be two feet (61 cm) measured from 
the waterline. 

(10) f!4) A minimum height between the top of the 
spa/hot tub rim and the ceiling shall be 7'/2 feet. 

(11) (-13) Depth markers shall not be required at spas. 

(12) f+3) Steps, step-seats, ladders or recessed treads 
shall be provided where spa and hot tub depths are 
greater than 24 inches (61 cm). 

(13) (44) Contrasting color bands or lines shall be used 
to indicate the leading edge of step treads, seats, 
and benches. 

(14) (4-^ A spa or hot tub shall be equipped with at 
least one handrail (or ladder equivalent) for each 
50 feet (15.2 m) of perimeter, or portion thereof. 



(c) 



(d) 
(e) 
(f) 
(g) 



(h) 



to designate points of entry and exit. 

(15) (44) Where water temperature exceeds 90° Fah- 
renheit (32° C), a caution sign shall be mounted 
adjacent to the entrance to the spa or hot tub. It 
shall contain the following warnings in letters at 
least '/i inch in height: 

(a) CAUTION: 

(b) -Pregnant women; elderly persons, and persons 
suffering from heart disease, diabetes, or high or 
low blood pressure should not enter the spa/hot 
tub without prior medical consultation and 
permission from their doctor; 
-Do not use the spa/hot tub while under the 
influence of alcohol, tranquilizers, or other 
drugs that cause drowsiness or that raise or 
lower blood pressure; 
-Do not use alone; 

-Unsupervised use by children is prohibited; 
-Enter and exit slowly; 

-Observe reasonable time limits (that is, 10-15 
minutes), then leave the water and cool down 
before returning for another brief stay; 
-Lxing exposure may result in nausea, dizziness, 
or fainting; 

(i) -Keep all breakable objects out of the area. 

(16) f4-7) A sign shall be posted in the immediate 
vicinity of the spa or hot tub stating the location of 
the nearest telephone and indicating that emer- 
gency telephone numbers are posted at that loca- 
tion. Those emergency telephone numbers shall 
include the name and telephone number of the 
nearest available police, fire or rescue unit, 
physician, ambulance service, and/ or hospital. 

(17) (4-8) A sign shall also be posted requiring a 
shower for each user prior to entering the spa or 
hot tub and prohibiting oils, body lotion, and 
minerals in the water. 

Statutory Authority G.S. 130A-282. 

.2533 EQUIPMENT ROOM 

(a) All pumps, chemical feeding apparatus and other 
mechanical and electrical equipment shall be enclosed in a 
weatherproof structure with a minimum ceiling height of 
seven feet. TTie equipment room shall be provided with a 
door with a permanent lock which must be kept locked 
when not in use by the pool operator. Filters located 
outside the equipment room shall be completely enclosed by 
a fence. 

(b) Lighting to allow the operator to read all gauges and 
control devices shall be provided. 

(c) Valves and control devices shall be readily accessible 
and clearly visible. At least three feet of clear walkway 
shall be provided to allow access to equipment. 

(d) Drainage in and around the equipment room shall 
preclude the possibility of water entering or accumulating on 
any interior surface of the enclosure. Equipment room 



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June 15, 1995 



384 



PROPOSED RULES 



floors shall be relatively smooth and shall be sloped not less 
than Vi inch per foot toward the drains. 

(e) Natural cross draft or forced ventilation which directs 
vented air away from the pool area is required. The switch 
for the forced ventilation equipment shall be connected to 
the switch for the equipment room light. 

(f) A permanent means of access shall be provided to all 
equipment rooms. 

(g) A ' 14 inch hose bib with an approved backflow 
prevention device shall be provided in the equipment room. 

Statutory Authoriry G.S. 130A-282. 

.2534 CHEMICAL STORAGE 

A separate chemical storage area which meets the follow- 
ing criteria shall be provided: 

(1) The chemical storage area shall be in a dry, 
weatherproof structure with a minimum ceiling 
height of seven feet. 

(2) The chomical s torage area shall contain a mini 
mum area of 24 oquaro feet. For public swimming 
pools built after May _l_j^ 1996. chemical storage 
space shall be provided based on a minimum of 
five square feet for the first 10.000 gallons of pool 
water plus one additional square foot for each 
additional 3,000 gallons or portion thereof up to a 
total area of 100 square feet. 

(3) Natural cross draft or forced ventilation which 
directs vented air away from the pool and other 
occupied areas is required. The switch for the 
forced ventilation equipment shall be wired into 
the switch for the lights. 

(4) Provision shall be made for dry storage of all pool 
chemicals in waterproof containers or above the 
floor on shelves, pallets or dollies. Chemical 
storage area shelving shall bo at least six inches 
above the floor. 

(5) Tlie chemical storage area shall be arranged so 
that chemicals which can react with other pool 
chemicals are stored separately and shall be 
constructed and arranged to permit easy cleanup of 
chemical spills. 

Statutory Authority G.S. 130A-282. 

.2535 WATER QUALITY STANDARDS 

Swimming pool water quality shall be maintained in 
accordance with the following: 

(1) The chemical quality of the water shall be main- 
tained in an alkaline condition at all times with the 
Ph between 7.2 and 7.8. 

(2) The clarity of the water shall be maintained such 
that the main drain grate is readily visible from 
the pool deck at all times. 

(3) Disinfection shall be provided in accordance with 
manufacturers' instructions for all pools by a 
chemical or other process that meets the criteria 



(a) 
(b) 

(c) 

(d) 
(e) 
(f) 



(4) 



(5) 



(6) 



m 



iM 



(9) 



listed as follows: 
registered with the U.S. Environmental Protec- 
tion Agency for pool water or potable water; 
provides a residual effect in the pool water 
which can be measured by simple portable field 
test equipment; 

will not impart any immediate or cumulative 
adverse physiological effects to pool bathers 
when used as directed; 

wlU not produce any undue safety hazard when 
stored or used as directed; 

wiU not damage or cause excessive wear of pool 
components or equipment; 
will demonstrate reduction of total coliform and 
fecal coliform to a level at least equivalent to 
free chlorine at a level of one part per million in 
the same body of water. 
When chlorine is used as the disinfectant, a free 
chlorine residual of at least one part per million 
(ppm) shall be maintained throughout the pool 
whenever it is open or in use. Pools which use 
chlorine as the disinfectant must be stabilized with 
cyanuric acid except at indoor pools or where it 
can be shown that cyanuric acid is not necessary 
to maintain a stable free chlonne residual. 
When bromine or compounds of bromine are used 
as the disinfectant, a free bromine residual of at 
least two parts per million, shall be maintained 
throughout the pool whenever it is open or Ln use. 
Automatic chemical feeders that are NSF listed 
shall be used when chlorine, bromine, or com- 
pounds of bromine are used as a disinfectant. 
Feeders shall be manufactured and installed in 
accordance with NSF standard number 50 which 
is incorporated by reference including any subse- 
quent amendments and editions. This material is 
available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Environmental Health, 1330 St. 
Mary's Street, Raleigh, North Carolina. Copies 
may be obtained from the National Sanitation 
Foundation, 3175 Plymouth Road, P.O. Box 
130140, Ann Arbor, Michigan 48113-0140 at bg 
cost, a cost of forty -five dollars (45.00). 
When biguanide is used as the disinfectant, a 
residual of 30 to 50 parts per million shall be 
maintained throughout the pool whenever it is 
open or in use. 

f?^ WTien silver/copper ion systems are used, the 
copper concentration in the pool water shall not 
exceed one part per million and a chlorine residual 
must be maintained in accordance with Paragraph 
(4) of this Rule. 

f8^ The use of chlorine in its elemental (gaseous) 
form for disinfection of public swimming pools is 
prohibited. 
f9) Test kits or equipment capable of measuring 



385 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



/1A\ 



an 



M 



disinfectant level and Ph must be maintained at all 

public swimming pools. 

Writton reoorda of dioinfeotxmt l e vol and Ph muot 

bo rocordod at loaat onoo during each day of 

oporation and maintained at the pool site for a 

period of not looo than oix months. 

The pool operator shall maintain written records 

of the operating conditions of each pool. Records 

shall be maintained at die pool site for a period of 

not less than six months. Records shall include the 

following: 

daily recording of the disinfectant residual in the 

pool; 

daily recording of pool water Ph; 

daily recording of water temperature in heated 

pools; and 

recording of activities pertaining to pool water 

maintenance including chemical additions and 

filter backwash cycles. 
Water temperature in heated swimming pools shall 
not exceed 90° Fahrenheit (32°C) and in heated 
shall not exceed 104° Fahrenheit (40°^). 



(12) 



Statutory Authority G.S. 130A-282. 

.2537 MAINTENANCE AND OPERATION 

(a) All public swimming pools constructed or remodeled 
on or after May 1 , 1 99 1 shall be maintained and operated in 
accordance with the Rules of this Section. 

(b) On or after May 1, 1993 all public swimming pools 
including those constructed prior to May 1, 1991 shall be 
maintained and operated in accordance with the following: 

(1) All safety provisions of Rule .2530(a) and (b) of 
this Section shall be met. 

(2) Decks shall be structurally sound and shall be 
maintained free of trip hazards or offsets greater 
than one-half inch resulting from detenoration or 
changes from the original deck profile . 

(3) There shall be no loose coping. 

(4) Artificial lighting shall be provided for all pools 
used when natural lighting is not sufficient to 
make all parts of the pool and pool area clearly 
visible. 

(5) Swimming pools shall be protected by a fence, 
wall, building, or other enclosure, or any combi- 
nation thereof, which completely encloses the 
swimming pool area. All gates and doors shall 
be equipped with self-closing and positive self- 
latching closure mechanisms. Existing 
waterslide flumes and other appurtenances are 
not required to be located inside the fence. 

(6) Depth markings shall be provided. 

(7) Drain covers shall be in good condition and 
securely attached. 

(8) Damaged face plates or fittings shall be repaired 
or replaced. 

(9) Underwater light niches shall be maintained or 



covered so as not to present a potential hazard to 
bathers. 

(10) Diving equipment and pool slides including 
stairs and railing shall be maintained in good 
working order. 

(11) A timer switch which allows no more than 15 
minutes of operation without manual resetting 
shall be used to control air blowers and hydro- 
therapy pumps on heated spas. 

(12) All breaks in grade of the pool bottom including 
the leading edges of stair treads and seats and 
the tops of breakpoints where the slope of the 
bottom changes at a depth of five feet (15m) or 
less shall be marked with a contrasting color 
band by May \^ 2CKX). Contrasting color bands 
shall not be required where a registered engi- 
neer, registered architect or licensed swimming 
pool contractor certifies in writing that structural 
weakness or materials of construction prevent 
the installation of permanent markings. 

(13) On or after May \^ 1996 all heated spas shall 
post a caution sign as specified in Rule .2532 of 
this Section. 

(14) Pool maintenance shall include removal of debris 
from the water surface and bottom of the pool. 

(15) All pool chemicals shall be stored in a clean, 
dry, well ventilated area and shall be organized 
so as to prevent chemicals from reacting. 

(16) No submersible pumps or mechanical pool 
cleaning equipment shall be placed or used in 
the pool while bathers are in the pool. 

(c) The owner of a public swimming pool shall provide 
for the operation of the pool by a competent person or 
persons who shall be responsible to the owner for operation, 
maintenance, pool safety and recordkeeping. The operator 
of a public swimming pool shall meet the following qualifi- 
cations: 

(1) Shall have successfully completed a certified 
pool/spa operator course sanctioned by the 
National Swimming Pool Foundation, 10803 
Gulfdale. Suite 3(X), San Antonio, Texas 78216, 
or a course of instruction approved by the 
department or; 

(2) Shall have through education or experience 
gained the knowledge, skills and ability neces- 
sary to maintain and operate a public swimming 
p>ool in compliance with the requirements of this 
Section. 

Statutory Authority G.S. 130A-282. 

.2540 REPORTING OF INJURY OR ILLNESS 

The pool operator shall report any death, serious injury or 
complaint of illness attributed by a bather to use of a public 
swimming pool to the local health department within two 
working days of the incident or complaint. The report to 
the health department shall include the following: 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



386 



PROPOSED RULES 



(1) Name and telephone number or address of the 
person injured or making a complaint. 

(2) Date of the incident or onset of illness. 

(3) Description of the rype of injury or complaint. 

(4) Name and phone number of the person rendering 
assistance or first aid. 

(5) The name of any known hospital, rescue squad or 
physician proyiding medical assistance. 

(6) Names and phone numbers of ayailable witnesses 
to the incident. 

Statutory Authorin G.S. 130A-282. 

.2541 FLOW THROUGH POOLS 

Tanks or structures built prior to May j_^ 1995 which hold 
a flowing natural water source for public swimming, diyjng. 
wading or recreational use without physical or chemical 
treatment shall not be required to comply with the rules of 
this Section. 

Statutory Authority G.S. 130A-282. 

.2542 IN POOL EXERCISE EQUIPMENT 

(a) Exercise equipment such as steps, weights, or floats 
used in a public swimming pool shall be designed and 
constructed so as not to pose a threat to water quality' or 
bather safety and shall be remoyed from the pool after each 
use. 

fb) Where in-pool exercise equipment such as underwater 
treadmills remain in a swimming pool when not in use, the 
following conditions shall be met: 

(1) The swimming pool shall be restricted to use 
only by adults or a lifeguard shall be on duty at 
all times when children are allowed in the pool. 

(2) Exercise equipment shall meet Underwriters' 
Laboratories Standard Number 1647 for exercise 
equipment as yerified in writing by an independ- 
ent third party testing laboratory. 

(3) The position of under%vater equipment shall be 
marked with colored floats attached by a 3/4 
inch diameter rope or other moyable barrier 
which surrounds the equipment with a yisible 
perimeter designed so as not to entangle or 
othepAJse threaten bather safety . 

(4') Equipment shall be yerified by the manufacturer 
to be designed for use in a public swimming 
pool and to be free of grease or oil which might 
negati\'ely impact pool water quality. 

(5') Any cords or hoses attached to under\yater 
exercise equipment shall not pose a threat of 
bather entanglement. Cords or hoses which 
cross a pool deck shall be coyered or shielded to 
prevent trippino. Covers which protrude more 
than one-half inch from the deck surface shall be 
sloped at an angle of no more than 30 ° from the 
horizontal deck surface. 



Statutory Authority G.S. 130A-282. 

.2543 WATER AMUSEMENT DEVICES 

Artificial bodies of water used by the public for recre- 
ational purposes which do not inyojye immersion or exten- 
sive bodily contact with water shall not be required to meet 
the Rules of this Section. 

Statutory Authority G.S. 130A-282. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DEHNR - Commission for Health 
Ser\'ices intends to amend rules cited as ISA NCAC 19A 
.0401. .0406. and .0502. 

Proposed Effective Date: October 1, 1995. 

A Public Hearing wdl be conducted at 1:30 p.m. on July 
11, 1995 at the Ground Floor Hearing Room, Archdale 
Building, 512 North Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: These proposed rule changes 
will bring se\'eral immunization requirements into accor- 
dance with the recommendations of the national Advisory 
Committee for Immunisation Practices (ACIP). Specifically , 
these changes affect Hib, hepatitis B, tetanus/diphtherutfTd) , 
measles and mumps vaccines. Several of these proposed 
changes will bring the rules into compliance with changes to 
the federally required Vaccine Information Materials. In 
addition, a correction to the date of Hepatitis B vaccine is 
proposed to include the first day of the month as was 
originally intended. Finally, an update is proposed to 
reflect the reclassification of the Immunization Branch to the 
Immunization Section. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or submit- 
ted to Grady L. Balentine, Department of Justice, PO Box 
629, Raleigh. NC 27602-0629. All written comments must 
be received by July 1 7, 1995. Persons who wish to speak at 
the hearing should contact Mr. Balentine at (919) 733-4618. 
Persons who call in advance of the hearing will be given 
priority on the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that wish to 
speak at the public hearing. Only persons who have made 
comments at a public hearing or who ha\'e submitted written 
comments will be allowed to speak at the Commission 
meeting. Comments made at the Commission meeting must 
either clarify previous comments or proposed changes from 
staff pursuant to comments made during the public hearing 
process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED 
AND POTENTIALLY AFFECTED PERSONS, GROUPS, 



387 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



PROPOSED RULES 



BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS 
KNOWN TO THE COMMISSION FOR HEALTH SER- 
VICES THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE PRO- 
POSED RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMISSION 
MEETING IF THE CHANGES COMPLY WITH G.S. 
I50B-21.2(f). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19A - COMMUNICABLE 
DISEASE CONTROL 

SECTION .0400 - IMMUNIZATION 

.0401 DOSAGE AND AGE REQUIREMENTS FOR 
IMMUNIZATION 

(a) Every individual in North Carolina required to be 
immunized pursuant to G.S. 130A-152 through 130A-157 
shall be immunized against the following diseases by 
receiving the specified minimum doses of vaccines by the 
specified ages: 

(1) diphtheria, tetanus, and whooping cough vaccine 
— five doses: three doses by age seven months 
and two booster doses, one by age 19 months 
and the second on or after the fourth birthday 
and before enrolling in school (K-1) for the first 
time; 

(2) oral poliomyelitis vaccine— four doses: two doses 
of trivalent type by age five months; a third dose 
trivalent type by age 19 months and a booster 
dose of trivalent type on or after the fourth 
birthday and before enrolling in school (K-l) for 
the first time; two doses of enhanced-potency 
inacu...„j poliomyelitis vaccine may be substi- 
tuted for two c-,^g pf Q^j poliomyeUtis vaccine; 

(3) measles (rubeola) v.,^jj^g „ ^^ ^^^^^ ^f y^^^ 
attenuated vaccine admm...^^^ ^^ j^^^ 3Q ^^^^ 
apart: one dose on or after a^. ,^ ^^^^^j^^ ^^ 
before age 16 months and a second l. ,^ ^gf^^g 
enrolling in school (K-l) for the first time, 

(4) rubella vaccine - one dose of live, attenuated 
vaccine on or after age 12 months and before 
age 16 months; 

(5) mumps vaccine - one dose of live, attenuated 
vaccine administered on or after age 12 months 
and before age 16 months; 

(6) Haemophilus influenzae, b, conjugate vaccine - 
three doses of HbOC or two doses of PRP-OMP 
by age seven months and a booster dose of any 
type on or after age 12 months and by age 16 



months; and 
(7) hepatitis B vaccine — three dos e s by ag e on e 
y e ar doses: one dose by age three months, a 
second dose by age five months and a third dose 
by age 19 months , 
(b) Notwithstanding the requirements of Paragraph (a) of 
this Rule: 

(1) An individual who has attained his or her sev- 
enth birthday without having been immunized 
against whooping cough shall not be required to 
be immunized with a vaccine preparation con- 
taining whooping cough antigen. 

(2) An individual who has been documented by 
serologic testing to have a protective antibody 
titer against rubella shall not be required to 
receive rubella vaccine. 

(3) An individual who has been documented by 
serological testing to have a protective antibody 
titer against measles shall not be required to 
receive measles vaccine. An individual who has 
been diagnosed prior to January 1, 1994, by a 
physician Ucensed to practice medicine as having 
measles (rubeola) disease shall not be required to 
receive measles vaccine. 

(4) An individual attending school who has attained 
his or her 18th birthday shall not be required to 
receive oral polio vaccine. 

(5) An individual bom prior to 1957 shall not be 
required to receive measles or mumps vaccine. 
An individual who has attained his or her fiftieth 
birthday shall not be required to receive rubella 
vaccine. An individual who entered a college or 
university after his or her thirtieth birthday and 
before February 1, 1989 shall not be required to 
meet the requirement for rubella vaccine. 

(6) TTie requirements for mumps vaccine shall not 
apply to individuals who enrolled for the first 
time in the first grade before July 1, 1987 or in 
college or university bofor* July 1, iqQ/i a^i 
individual who has been documented by serolog- 
ical testing ^ to have a protective antibody titer 
against mumps shall not be required to receive 
mumps vaccine. 

(7) Individuals who receive the first booster dose of 
diphtheria, tetanus, and whooping cough vaccine 
on or after the fourth birthday shall not be 
required to have a second booster dose. Individ- 
uals who receive the third dose of oral poliomy- 
elitis vaccine on or after the fourth birthday shall 
not be required to receive a fourth dose. 

(8) In^ --equirements for booster doses of diphthe- 
ria, teta...,5^ ajij whooping cough vaccine and 
oral poliomyelitis vaccine shall not apply to 
individuals who ei^r,lled for the first time in the 
first grade before July 1, 1987. However, 
"■dividuals attending a co'.lege or university or 
Hho began their tetanus/diphthef ia toxoid series 



10:6 



NORTH CAROLINA REGISTER 

1 \ 1 



June 15, 1995 



388 



PROPOSED RULES 



on or after the age of seven years shall be 
required to have three doses of diphth e 
rio/t e tonus tetanus/diphtheria toxoid of which 
one must have been within the last 10 years. 
(9) Individuals bom before October 1, 1988 shall 
not be required to be vaccinated against 
Haemophilus influenzae, b. Individuals who 
receive the first dose of Haemophilus influenzae, 
b, vaccine on or after 12 months of age and 
before 15 months of age shall be required to 
have only two doses of HbOC or PRP-OMP. 
Individuals who receive the first dose of 
Haemophilus influenzae, b, vaccine on or after 
15 months of age shall be required to have only 
one dose of any of the Haemophilus influenzae 
conjugate vaccines, including PRP-D. However, 
no individual who has passed their fifth birthday 
shall be required to be vaccinated against 
Haemophilus influenzae, b. 

(10) Individuals bom on or before July 1, 1994 shall 
not be required to be vaccinated against hepatitis 
B. 

(11) The requirement for a second dose of measles 
vaccine shall not apply to individuals who enroll 
in school (K-1) or in college or university for 
the first time before July 1, 1994. 

Statutory Authority- G.S. 130A-1 52(c): 130A- 155.1. 

.0406 ACCESS TO IMMUNIZATION 
INFORMATION 

(a) Physicians, local health departments and the Depart- 
ment shall, upon request and without consent release the 
immunization information specified in Paragraph Qa) of this 
Rule to the following organizations: 

(1) schools K-12, whether public, private or reli- 
gious; 

(2) licensed and registered daycare facilities as 
define/! in r. ?. 110-86(3) and G.S. 110-101; 

(3) Head Start: and 

(4) colleges and universities, whether public, private 
or religious. 

fb) The following is the immunization information to be 
released to the organizations specified in Paragraph (a) of 
this Rule: 

(1) name and address; 

(2) name of the parent, guardian, or person standing 
in loco parentis; 

(3) date of birth; 

(4) gender; 

(5) race and ethnicity; 

(6) vaccine type, date and dos^ administered; 

(7) the name and address o-''the physician or h^lth 
department that ar'-'unistered each dose, and 

(8) the existence cf^ medical or religioa= exemption 
determined t3y the Immunization SjCtion Branch 
to mtBi the requirements of G.S. 130A-156 and 



15A NCAC 19A .0404 or G.S. 130A-157. If 
such a determination has not been made by the 
Immunization Section Branch , the person shall 
have access to the certification of medical and 
religious exemptions required by G.S. 130A-156 
or G.S. 130A-157 and 15A NCAC 19A .0404. 

Statutory Authority G.S. 130A-153. 

SECTION .0500 - PURCHASE AND 
DISTRIBUTION OF VACCINE 

.0502 VACCINE FOR PROVIDERS OTHER THAN 
LOCAL HEALTH DEPARTMENTS 

(a) The Department of Environment, Health, and Natural 
Resources shall provide vaccines required by law free of 
charge to the following providers for administration to 
mdividuals who need vaccines to meet the requirement of 
G.S. 130A-152, 130-155.1 and 15A NCAC 19A .0401: 

(1) Community, migrant, and rural health centers; 

(2) Colleges and universities for students; and 

(3) Physicians and other health care providers. 

(b) Upon request of the Department, required vaccines 
may be distributed by local health departments operating as 
agents of the State to providers listed in Subparagraphs 
(a)(1), (2) and (3) of this Rule. 

(c) Providers authorized in Paragraph (a) of this Rule 
shall be eligible to receive free vaccines from the Depart- 
ment only if they sign an agreement with the Department. 
This agreement will be prepared by the Immunization 
Section Branch and will require the provider to: 

(1) Charge no more for a single dose of vaccine 

than the rate established by the Health Care 
Financing Administration (HCFA); Charge no 
more than double the HCFA rate as a reasonable 
fee for the administration of two or more vac- 
cines given at a single visit. The rate estab- 
lished by HCFA is published in the Federal 
Register (59FR50235), and is incorporated 
herein by reference along with any si'^'^'cquent 
amendments and editions. Th" -f'^FA rate may 
be inspected at the irp--'nization Section of the 
Department of P-'"'"on™ent, Health, and Natu- 
ral Resoi--^- *^°P'^s '"ay also be obtained 
froi- *"^ Immunization Section at no charge; 
^2) - rovide all vaccmes needed during a visit unless 

a specific contraindication exists to one or more 

of the vaccines; 

(3) Charge no office fee in addition to an adminis- 
tration fee for an immunization-only visit; 

(4) Agree not to charge an administration fee to an 
individual who states that they are unable to pay; 

(5) Impose no condition as a prerequisite to receiv- 
ing vaccine; 

(6) Report in writing or electronica.ly the name and 
social security number of the person to whom 
vaccine was administered, the date of adminis- 



389 



NORTH CASOLINA REGISTER 

I 



June 15, 199S 



10:6 



PROPOSED RULES 



tration, the type and dose of vaccine(s) adminis- 
tered and the provider number of the physician 
or clinic administering the vaccine to the Immu- 
nization Section Branch , at least monthly by the 
fifth day of each month; 

(7) Report adverse vaccine reactions through the 
Vaccine Adverse Event Reportmg System 
(VAERS); 

(8) Provide the latest edition of the applicable 
Obtain a sign e d Important Information Statement 
(IIS), or Vaccine Information Statement (VIS) 
Pamphlet (^^P). or a separate) signature card or 
log shoot that contains a declarative stntcmont 
sp e oifi e d by th e Branch to the parent, guardian, 
or p>erson standing in loco parentis for each dose 
of vaccine administered; document this action 
withm the patient's permanent medical record; 
retain the documentation th e sign e d portion for 
a period of 10 years following the end of the 
calendar year m which the form was signed 
vaccine dose was administered, or for 10 years 
following the recipient's age of majority, which- 
ever is longer; upon request, furnish copies of 
the documentation of tho signed portion to the 
local health department or the Dopartmont; 
Department. Keep k ee p a record of the vaccine 
manufacturer, lot number, and date of adminis- 
tration for each dose of vaccine administered; 

(9) Allow periodic inspection of their vaccine sup- 
plies and records by the Immunization Section 
Branch ; and 

(10) Comply with the rules of this Section, 
(d) A provider who fails to submit timely and accurate 
reports, as required in Paragraph (c) of this Rule, twice in 
any 12 month period shall have their eligibility to receive 
state vaccine suspended for a period of one year. A 
provider who fails to comply with any of the other require- 
ments of this Rule may have their eligibility suspended by 
the Department for a period determined by the Department 
and may be subject to an action brought pursuant to G.S. 
130A-27. All ^^»«:Densions of eligibility shall be in accor- 
dance with G.S. 130a en 

Statuton' Authority G.S. 130A-15z, i30A-155.1; 130A-433. 
S.L. 1986, c. 1008. .v. 2; S.L. 1987, c. 0,5 ^ 7 

****************** 

Notice Ls hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rule cited as 15A NCAC 24A 

.0404. 

\ 
Proposed Effective Date: October 1, 1995. 

A Public Hearing will be conducted at 1:30 p.m. on July 
11, 1995 at the Ground Floor Hearing Room, Archdale 



Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: This amendment specifies 
reimbursement formulas that heretofore had been defined as 
a "schedule of payments. " 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or submit- 
ted to Grady L. Balentine, Department of Justice, PO Box 
629. Raleigh, NC 27602-0629. All written comments must 
be received by July 17, 1995. Persons who wish to speak at 
the hearing should contact Mr. Balentine at (919) 733-4618. 
Persons who call in advance of the hearing will be given 
priority on the speaker's list. Oral presentation lengths may 
be limited depending on the number of people that wish to 
speak at the public hearing. Only persons who have made 
comments at a public hearing or who have submitted written 
comments will be allowed to speak at the Commission 
meeting. Comments made at the Commission meeting must 
either clarify previous comments or proposed changes from 
staff pursuant to comments made during the public hearing 
process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED 
AND POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS 
KNOWN TO THE COMMISSION FOR HEALTH SER- 
VICES THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE PRO- 
POSED RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMISSION 
MEETING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

Fiscal Note: This Rule affects the expenditure or distribu- 
tion of State funds subject to th^p Fx^rutive Budset Act.__ 
Ariici^ ] of Chapter 143. 

CHAPTER 24 - GENERAL PROCEDURES 
FOR PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT 
PROGRAMS 



SECTION .0400 - REIMBURSEMENT 



.040h 



reimbursement for services not 
Covered by medicaid 

^ The Depa. tm e nt shall r e imbur se provid e rs of autho 
rized aor . io e a for wi.- . nh th e r e ar e no M e dicaid reimburse 
mont rates according to a •^ohcdulc of payments developed 
by the Department except as provided in Paragraph (b) of 
this Rule. Copioa of this schedu l e may b e inspect e d at or 
obtain e d from tho Purchase of Modioal Car e S e n'io e o 



10:6 



NORTH CAROLINA REGISTER 



\ ■ I 



June 15, 1995 



390 



PROPOSED RULES 



Section. 

(fe)(al The Department shall reimburse providers of aU 
authorized mobility systems (including components and 
accessories), environmental control units, and custom 
seating systems for which there are no Medicaid reimburse- 
ment rates at the manufacturer's catalog price less five 
percent. 

£b) The Department shall reimburse providers of autho- 
rized prosthetics and orthotics at the Medicare rate of 
reimbursement when there is no Medicaid rate of reimburse- 
ment for the item. When there is neither a Medicaid rate 
nor a Medicare rate for the item, the Department shall 
reimburse at the provider's usual charge to the general 
public . 

(c) The Department shall reimburse providers of autho- 
rized equipment repair services for which there are no 
Medicaid reimbursement rates at forty five dollars ($45.00) 
per hour. 



(d) TTie Department shall reimburse physicians and 
dentists for authorized services for which there are no 
Medicaid rates at the Medicaid rate for a comparable 
procedure as determined by the program's medical director 
or at 80 percent of the amount billed, whichever is less. 

(e) TTie Department shall reimburse providers of autho- 
rized assistive listening devices and those types of hearing 
aids for which there are no Medicaid rates at invoice cost 
plus the Medicaid dispensing fee for a new hearing aid(s). 

(f) The Department shall reimburse providers of autho- 
rized amplification-related services for which there are no 
Medicaid rates at the rates paid for audiology services under 
Medicaid's Independent Practitioner Program. 

(g) The Department shall reimburse providers of autho- 
rized services not otherwise specified in this Section, for 
which there are no Medicaid reimbursement rates, at the 
provider's usual charge to the general public. 

Statutory Authority G.S. 130A-5(3): 130A-124; 130A-127; 
130A-129: 130A-205. 



391 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



LIST OF RULES CODIFIED 



T 

A. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 


Key: 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


= Date rule becomes effective 


Temp. Expires 


= Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 
MAY 95 



TLE 


DEPARTMENT 


2 


Agriculture 


4 


Commerce 


10 


Human Resources 


[2 


Justice 


13 


Labor 


15A 


Environment, Health, and 




Natural Resources 



TITLE DEPARTMENT 

16 Public Instruction 

17 Revenue 

19A Transportation 

21 Occupational Licensing Boards 

2 - Architecture 
14 - Cosmetic Art Examiners 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


2 NCAC 9B .0016 




/ 




/ 




06/01/95 




43L .0202 




/ 




/ 




06/01/95 




.0304 




/ 




/ 




06/01/95 




.0701 


/ 










06/01/95 




.0702 


/ 






/ 




06/01/95 




45 .0001 - .0002 






/ 






06/01/95 




4 NCAC 3C .0112 


/ 






/ 




06/01/95 




.0201 - .0204 




/ 




/ 




06/01/95 




.0301 




/ 




/ 




06/01/95 




.0807 




/ 








06/01/95 




.0901 




/ 








06/01/95 




.1001 




/ 




/ 




06/01/95 




.1101 




/ 




/ 




06/01/95 




.1301 




• 








06/01/95 







10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



392 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


4 NCAC 3C .1302 




/ 




/ 




06/01/95 




.1601 




/ 




/ 




06/01/95 




.1701 - .1704 


/ 






/ 




06/01/95 




.1801 


/ 










06/01/95 




.1802 


/ 






/ 




06/01/95 




3E .0102 




/ 








06/01/95 




3F .0201 




/ 




/ 




06/01/95 




.0304 




/ 








06/01/95 




.0503 




/ 




/ 




06/01/95 




.0504 




/ 








06/01/95 




.0506 




/ 








06/01/95 




31 .0201 










/ 






.0501 










/ 






.0503 










/ 






lOA .0103 




/ 








03/15/95 




.0104 


/ 










02/15/95 




.0201 




/ 








03/15/95 




.0404 




/ 








03/15/95 




.0404A 


/ 










02/15/95 




.0407 




/ 








03/15/95 




.0408 


/ 










03/15/95 




.0501 - .0502 




/ 








03/15/95 




.0604 




/ 








03/15/95 




.0607 




/ 








03/15/95 




.0609 - .0610 




/ 








03/15/95 




.0614 




/ 








03/15/95 




.0703 




/ 








03/15/95 




10 NCAC IB .0420 


/ 






/ 




06'01/95 




3E .0304 




/ 








07/01/95 




30 .0104 




/ 




/ 




06/01/95 




.0105 






/ 






06/01/95 




.0205 










/ 






.0305 




/ 




/ 




06/01/95 







393 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 30 ,0306 




/ 








06/01/95 




.0307 






/ 






06/01/95 




.0308 




/ 




/ 




06/01/95 




.0309 - .0310 






/ 






06/01/95 




.0403 - .0404 






/ 






06/01/95 




.0405 




/ 








06/01/95 




.0503 




/ 








06/01/95 




.0504 - .0506 




/ 




/ 




06/01/95 




0507 






• 






06/01/95 




.0605 - ,0606 






/ 






06/01/95 




.0607 




/ 








06/01/95 




.0608 




/ 




• 




06/01/95 




.0609 - .0610 






/ 






06/01/95 




.0705 




/ 




/ 




06/01/95 




3R .0320 






/ 






07/01/95 




.2002 




/ 




/ 




07/01/95 




26H .0102 










/ 






.0104 




/ 








06/01/95 




26M .0301 - .0305 


/ 






/ 




06/01/95 




12 NCAC 7D .0105 




/ 








07/01/95 




11 .0210 




/ 








05/18/95 


180 DAYS 


13 NCAC 7A .0301 




/ 








06/01/95 




.0602 - .0603 




/ 




/ 




06/01/95 




.0604 




/ 








06/01/95 




.0605 




• 




/ 




06/01/95 




.0801 


/ 










06/01/95 




.0802 - .0803 


/ 






/ 




06/01/95 




.0804 


/ 










06/01/95 




15A NCAC 4B .0018 




/ 








06/01/95 




7H .0106 


/ 






/ 




06/01/95 




.0308 




/ 








05/04/95 




.1705 




/ 




/ 




06/01/95 




7M .0202 




/ 








05/04/95 







10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



394 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 11 .0356 - .0357 










/ 






.0506 










/ 






18A .3202 










/ 






16 NCAC 6A .0002 




/ 




/ 




07/01/95 




.0003 






/ 






07/01/95 




6D .0401 - .0402 


/ 






/ 




07/01/95 




6E .0202 




/ 








07/01/95 




17 NCAC 6B .0605 




/ 








06/01/95 




7B .3001 




/ 








06/01/95 




19A NCAC 3D .0227 




/ 








06/01/95 




4 A .0005 




/ 








06/01/95 




21 NCAC 2 .0101 




/ 








06/01/95 




.0103 - .0105 






/ 






06/01/95 




.0108 




/ 




/ 




06/01/95 




.0201 - .0202 




/ 








06/01/95 




.0204 - .0205 




/ 








06/01/95 




.0207 






/ 






06/01/95 




.0208 - .0209 




/ 




/ 




06/01/95 




.0210 




/ 








06/01/95 




.0212 




/ 








06/01/95 




.0215 - .0216 




/ 








06/01/95 




.0218 - .0219 


• 










06/01/95 




.0302 




/ 




/ 




06/01/95 




.0402 




/ 








06/01/95 




.0405 




/ 








06/01/95 




.0602 






/ 






06/01/95 




.0603 




/ 








06/01/95 




14F .0014 


/ 






/ 




06/01/95 




141 .0401 - .0402 


/ 










06/01/95 





395 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



RRC OBJECTIONS 



J. he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



DEPARTMENT OF AGRICULTURE 
Markets 

2 NCAC 43L .0202 - Gate Fees 

Agency Revised Rule 
2 NCAC 43L .0304 - Horse Facility 

Agency Revised Rule 

DEPARTMENT OF COMMERCE 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



05/18/95 

05/18/95 
05/18/95 
05/18/95 



Banking Commission 

4 NCAC 3C .0201 - Establishment of Branches and Limited Service Facilities RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C .0202 - Discontinuance RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C .0204 - Conversion of Branch to Limited Serxice Facility RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C .0301 - Change of Location of Main Office. Branch or Ltd Svc Facility RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3 C .0901 - Books and Records RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C 1001 - Loan Documentation RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C . 1101 - Definitions: Issuance of Capital Notes and Debentures RRC Objeaion 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C . 1302 - Share Purchase and Option Plans RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 3C .1601 - Fees, Copies and Publication Costs RRC Objection 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

4 NCAC 31 .0101 - Definitions: Filings RRC Objection 04/20/95 

Agency Revised Rule Obj. Removed 04/20/95 

4 NCAC 31 .0402 - Annual Statement RRC Objection 04/20/95 

Agency Revised Rule Obj. Removed 04/20/95 

DEPARTMENT OF CULTURAL RESOURCES 



Division of State Library 

7 NCAC 2E .0301 - Qualifications for Grants 
Agency Re\'ised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15A NCAC 7H .0306 - General Use Standards for Ocean Hazard Areas 
15A NCAC 7H .0308 - Specific Use Standards for Ocean Hazard Areas 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 
Obj. Removed 



Obj. Contd 
RRC Objection 
Obj. Cont'd 



04/20/95 
04/20/95 



Eff 



05/18/95 
03/16/95 
04/20/95 
04/20/95 
05/04/95 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



396 



RRC OBJECTIONS 



15A NCAC 7M .0202 - Policy Statements 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

Environmental Management 



RRC Objection 

Obj. Cont'd 



03/16/95 
04/20/95 
Eff. 05/04/95 



15A NCAC 2D .0902 - Applicability 
Agency Revised Rule 



RRC Objeaion 
Obj. Removed 



04/20/95 
04/20/95 



Radiation Protection 

15A NCAC II .0104 - Definitions 

Agency Revised Rule 
15A NCAC II .0503 - Equipment Radiation Level Limits 

Agency Revised Rule 

Wildlife Resources and \\ ater Safety 

15A NCAC IOC .0205 - Public Mountain Trout Waters 
Agency Revised Rule 

I5A NCAC lOF .0330 - Carteret County- 
Agency Revised Rule 

I5A NCAC I OK .0001 - Course Requirements 
Rule Withdrawn by Agency 

HUMAN RESOURCES 

Aging 

10 NCAC 22R .0202 - County- Funding Plans 
Agency- Revised Rule 

Facility Services 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objeaion 
Obj. Removed 



04/20/95 
04/20/95 
04/20/95 
04/20/95 



04/20/95 
04/20/95 
04/20/95 
04/20/95 

04/20/95 



04/20/95 
04/20/95 



10 NCAC 30 .0305 - Persons Subject to Licensure 

Agency Revised Rule 
10 NC.4C 30 .0506 - Simplified Reporting for Certain Organizations 

Agency Rex-ised Rule 
10 NCAC 30 .0607 - License Year 

Agency- Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



05/18/95 

05/18/95 
05/18/95 
05/18/95 
05/18/95 
05/18/95 



Medical Assistance 



10 NCAC 26H .0104 - Cost Reporting: Auditing and Settlements 

Rule Withdrawn by Agency- 
Agency- Resubmitted Rule 

Agency Revised Rule 
10 NCAC 26M .0301 - Program Definition 

Agency Revised Rule 

Agency Revised Rule 
10 NCAC 26M .0302 - Access to Care 

Agency Revised Rule 

Agency Revised Rule 
10 NCAC 26M .0303 - Patient Informing 

Agency Revised Rule 
10 NCAC 26M .0304 - Relationship with Carolina Access 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objeaion 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 



04/20/95 
05/18/95 
05/18/95 
04/20/95 
04/20/95 
05/18/95 
04/20/95 
04/20/95 
05/18/95 
04/20/95 
05/18/95 
04/20/95 
04/20/95 



397 



XORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



RRC OBJECTIONS 



Rule Withdrawn by Agency 
10 NCAC 26M .0305 - Relationship with EPSDT program 

Agency Revised Rule 

Rule Withdrawn by Agency 
10 NCAC 26M .0306 - Relationship with Sub-Contractors (Renumbered to .0304) 

Agency Revised Rule 

Agency Revised Rule 
10 NCAC 26M .0307 - Utilization Review Requirements 

Agency Revised Rule 

Rule Withdrawn by Agency 
10 NCAC 26M .0308 - Enrollee and Sub-Contractor Appeals and Grievances 

Agency Revised Rule (Renumbered to .0305) 



RRC Objection 


04/20/95 


RRC Objection 


04/20/95 




05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 




05/18/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 



LABOR 



OSHA 



13 NCAC 7 A .0602 - Definitions 

Agency Revised Rule 
13 NCAC 7 A .0603 - Safety and Health Programs 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



05/18/95 
05/18/95 
05/18/95 
05/18/95 



LICENSING BOARDS AND COMMISSIONS 
Board of Cosmetic Art Examiners 

21 NCAC 14F .0014 - Salon Renewal RRC Objection 03/16/95 

No Response from Agency Obj. Cont'd 04/20/95 

Agency Revised Rule Obj. Removed 05/18/95 

21 NCAC 141 .0401 - App. for Lie. by Individuals Who Have Been Convicted of a Felony RRC Objection 03/16/95 

No Response from Agency Obj. Cont'd 04/20/95 

Agency Revised Rule Obj. Removed 05/18/95 

21 NCAC 141 .0402 - Requests for Preapplication Review of Felony Convictions RRC Objection 03/16/95 

No Response from Agency Obj. Cont 'd 04/20/95 

Agency Revised Rule Obj. Removed 05/18/95 

Licensing Board for General Contractors 



21 NCAC 12 .0701 - Improper Practice 
Rule Withdrawn by Agency 



04/20/95 



Board of Practicing Psychologists 



21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994 

21 NCAC 54 .2705 - HSP-PP Requirements 

21 NCAC 54 .2706 - HSP-PA Requirements On and After June 30, 1994 



RRC Objection 
RRC Objection 
RRC Objection 



05/18/95 
05/18/95 
05/18/95 



PUBLIC EDUCATION 



Elementary and Secondary Education 



16 NCAC 6C .0207 - Prospective Teacher Scholarship Loans 
Agency Responded 
Agency Revised Rule 



RRC 


' Objection 


02/16/95 


Obj. 


Cont 'd 


03/16/95 


Obj. 


Removed 


04/20/95 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



398 



RRC OBJECTIONS 



REVENUE 

Sales and Use Tax 



17 NCAC 7B . 1123 - Certain Sales to Commercial Livestock and Poultry Farmers RRC Objection 03/16/95 

Obj. Removed 04/20/95 

17 NCAC 7B .5445 - Commercial Swine, Livestock/Poultry Farmers' Cert. Form: E-599S RRC Objection 03/16/95 

Agency Repealed Rule Obj. Removed 04/20/95 



399 NORTH CAROLINA REGISTER June 15, 1995 10:6 



CONTESTED CASE DECISIONS 



1 his Section contains theJUll text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



AL.T 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 

State Construction Office 

W, M. Piatt & Company v. Sute Construction Office, DOA 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whilaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 

CRIME CONTROL AND PUBLIC SAFETY 

Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 
Phyllis H. Steinmetz v. Crime Victims Compensation Commission 
Wayne L. Utiey v. Crime Victims Compensation Commission 
Kristine S. Ray v. Crime Victims Compensation Commission 
Shirley Moody Myers v. Crime Victims Compensation Commission 
Thomasine Inman v. Crime Victims Compensation Commission 
Irmgard Gordos v. Crime Victims Compensation Commission 
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 
Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 
Lynn H. Henderson v. CPS, Victims Compensation Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



94 DOA 0803 Nesnow 



94 DOA 0738 Nesnow 



94 ABC 0526 


Chess 


94 ABC 0787 


Gray 


94 ABC 1168 


Becton 


94 ABC 1661 


West 


94 ABC 1682 


Chess 


94 ABC 1694 


Mann 


94 ABC 1727 


Morrison 


94 ABC 1729 


Chess 


94 ABC 1784 


Mann 


94 ABC 1803 


Mann 


95 ABC 0074 


Chess 


95 ABC 0210 


Gray 


95 ABC 0224 


Nesnow 



94 CPS 0237 


Morrison 


94 CPS 0445*" 


We«l 


94 CPS 0542 


West 


94 CPS 1180 


Becton 


94 CPS 1673 


Chess 


94 CPS 1674 


Chess 


94 CPS 1731 


Nesnow 


94 CPS 1782 


Gray 


95 CPS 0010** 


West 


95 CPS 0012 


West 


95 CPS 0212 


Morrison 



03/06/95 



04/11/95 



05/16/95 
03/17/95 
03/07/95 
05/01/95 
05/03/95 
03/29/95 
05/18/95 
05/11/95 
04/19/95 
04/07/95 
05/25/95 
05/01/95 
05/31/95 



03/21/95 
05/30/95 
05/16/95 
03/07/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 
05/30/95 
03/22/95 
05/08/95 



10:3 NCR 221 



10:6 NCR 417 



10:2 NCR 176 



Concrete Supply Company v. Environment, Health, & Natural Resources 94 EHR 0950 



Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 

Coastal Resources 

Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Heahh Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 



94 EHR 1676 

95 EHR 0016 



95 EHR 0140 



94 EHR 1037 



Gray 

Nesnow 

Phipps 



Phipps 



Chess 



05/23/95 
03/09/95 
03/17/95 



10:6 NCR 414 



03/22/95 



03/13/95 



10:2 NCR 185 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



400 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Environmental Health 

EEE-ZZZ Lay Drain Compnay, In.:, v. On-Site Wastewater Section, 
Division of Environmental Health 



94 EHR 0745 



Chess 



04/24/95 



Environmental Management 

United Screen Printers. Inc. v, EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printers. Inc. v. EHNR. Div. of Environmental Mgmt. 
Kenan Oil Company. Inc. v. EHNR. Div. of Environmental Mgmt 

Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR. Division of Marine Fishenes 

Maternal and Child Health 

Jimmy Franklin v. EHNR Maternal & Child Hlth. Nutrition Services 
Middlehurg Variety v. EHNR, Maternal & Child Health. Nutrition Svcs. 
Taisser Shehadeh v. EHNR. Maternal &. Child Health. Nutrition Svcs. 
Philip Haskins v. EHNR, Div. of Maternal & Child Health 



91 EHR 1179** West 

92 EHR 0021-' Gray 

92 EHR 0053*' Gray 



93 EHR 0273*= West 

94 EHR 0894 Nesnow 



94 EHR 0924 Gray 



94 EHR 1202 Nesnow 



94 EHR 1786 Chess 



94 EHR 0288 Gray 

94 EHR 1601 Chess 

94 EHR 1711 Chess 

94 EHR 1777 Chess 



Sew Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm &. Env. Svcs 94 EHR 1073 Morrison 

EQUAL EMPLO^TVIENT OPPORTUNTTY 

Marsha Dianne McKoy V. DHR, Div of MH/DD/SAS, Caswell Center 90 EEO 0379 Chess 

HUMAN RESOURCES 

Helen J. Walls, D/B/A Walls Young World v. Human Resources 94 DHR 1362 Becton 

Division of Child Development 



lola Malloy v. DHR, Division of Child Development 
Esther Elder v. DHR, Division of Child Development 

Facility Services 

William H. Cooke v. DHR, Division of Facility Services 
Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs, 
Domiciliary & Group Care Section 



94 DHR 0849 Mann 
94 DHR 1771 Rcilly 



94 DHR 0565 Gray 
94 DHR 1783 Gray 



05/30/95 
04/03/95 



04/03/95 



05/30/95 
05/08/95 



03/09/95 



03/27/95 



05/22/95 



05/22/95 
05/01/95 
05/02/95 
03/09/95 



04/28/95 



04/03/95 



03/20/95 



03/03/95 
03/17/95 



03/16/95 
03/16/95 



* Consolidated cases. 



401 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Bingo Licensure Section 

The Regular Veterans Association of the United Slates and the Sixteen 95 DHR 0040 
Posts of the Regular Veterans Association of the United Slates and the 
Regular Veterans Association Auxiliary Located in the Slate of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 



Morrison 



04/13/95 



Certificate of Need Section 



Inc. and Highland House of Fayelteville, 
V. DHR, Division of Facility Services, 



94 DHR 0197*^ Reilly 



94 DHR 0198*= Reilly 



94 DHR 0403 



Chess 



The Carrolton of Fayetleville, 

Inc. and Richard Allen, Sr. 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetleville, Inc. and Highland House of Fayetleville, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR. 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace. Inc. 



Office of Emergency Medical Services 
Charles M. Erwin v. DHR, Facility Svcs. Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 
Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 93 DHR 1736 Reilly 

v. DHR, Division of Medical Assistance 
D.A., by and through his agent and personal representative. Hank Neal 93 DHR 1737 Reilly 

V. DHR, Division of Medical Assistance 



Division of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Frank M. Swell v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hioll v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Duller v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Gary Jay Slocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 



04/05/95 



04/05/95 



12/14/94 



05/16/95 



05/22/95 
05/22/95 



91 CSE 


1103 


Morrison 


03/03/95 


92CSE 


1449 


Reilly 


03/29/95 


92 CSE 


1559 


Reilly 


03/29/95 


93 CSE 


1088 


Chess 


03/20/95 


93 CSE 1123*' 


Reilly 


05/16/95 


93 CSE 


1169 


Chess 


03/08/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Becton 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Momson 


05/08/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Mann 


04/21/95 


93 CSE 1566*' 


Gray 


05/31/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 


1033 


Nesnow 


03/24/95 



10:6 NCR 409 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



402 



CONTESTED CASE DECISIONS 



AGENCY 



Robert G. Baker v. Department of Human Resources 

Tyrone Waddell v. Department of Human Resources 

Bernard T. Wade v, Department of Human Resources 

Rochester Levi Jones v. Department of Human Resources 

Timothy Brian Eller v. Department of Human Resources 

Morgan Pate. Jr. v. Department of Human Resources 

Robert E. Dudley, Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFadden v. Department of Human Resources 

Anthony D. McCain v. Department of Human Resources 

John C. Kay v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogers v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resources 

George C Howers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvm L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldl v. Dept. of Human Resources 

David House v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ralliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department oi Human Resources 

Paul A. Card v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston. Sr. v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 



CAS 


IE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1101 


Beclon 


04/03/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14/95 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 


1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94 CSE 


1158 


Becton 


05/16/95 


94 CSE 


1184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 


1195 


Mann 


03/29/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1225 


Reilly 


04/10/95 


94 CSE 


1228 


West 


03/17/95 


94 CSE 


1229 


West 


03/17/95 


94 CSE 


1231 


Nesnow 


03/03/95 


94 CSE 


1232 


Nesnow 


03/15/95 


94 CSE 


1237 


Gray 


03/15/95 


94 CSE 


1239 


Gray 


03/02/95 


94 CSE 


1241 


Gray 


03/15/95 


94 CSE 


1242 


Gray 


05/31/95 


94 CSE 


1244 


Morrison 


03/13/95 


94 CSE 


1247 


Morrison 


05/17/95 


94 CSE 


1249 


Morrison 


03/02/95 


94 CSE 


1251 


Reilly 


05/18/95 


94 CSE 


1254 


Reilly 


03/13/95 


94 CSE 


1255 


Reilly 


05/18/95 


94 CSE 


1256 


Reilly 


03/15/95 


94 CSE 


1259 


West 


03/06/95 


94 CSE 


1260 


West 


05/22/95 


94 CSE 


1261 


West 


03/17/95 


94 CSE 


1262 


West 


03/17/95 


94 CSE 


1263 


West 


03/17/95 


94 CSE 


1264 


West 


03/17/95 


94 CSE 


1266 


Nesnow 


03/13/95 


94 CSE 


1269 


Nesnow 


03/15/95 


94 CSE 


1270 


Nesnow 


03/15/95 


94 CSE 


1272 


Becton 


03/15/95 


94 CSE 


1274 


Becton 


03/15/95 


94 CSE 


1275 


Becton 


03/15/95 


94 CSE 


1277 


Becton 


03/06/95 


94 CSE 


1280 


Chess 


04/10/95 


94 CSE 


1284 


Chess 


04/26/95 


94 CSE 


1286 


Mann 


03/21/95 


94 CSE 


1287 


Mann 


03/21/95 


94 CSE 


1289 


Mann 


03/21/95 


94 CSE 


1300 


Mann 


03/21/95 


94 CSE 


1302 


Gray 


03/02/95 


94 CSE 


1303 


Gray 


03/15/95 


94 CSE 


1304 


Morrison 


05/22/95 


94 CSE 


1305 


Morrison 


05/18/95 


94 CSE 


1308 


Mann 


05/18/95 


94 CSE 


1313 


Mann 


05/02/95 


94 CSE 


1314 


Mann 


03/21/95 


94 CSE 


1329 


Morrison 


03/15/95 


94 CSE 


1331 


Reilly 


03/15/95 


94 CSE 


1332 


Reilly 


03/15/95 


94 CSE 


1333 


West 


03/17/95 


94 CSE 


1334 


West 


03/06/95 



PUBLISHED DECISION 
REGISTER CITATION 



403 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CONTESTED CASE DECISIONS 



AGENCY 



Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Teiry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F- Williams v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Manon A. Ward v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #12801 16) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94CSE 


1335 


West 


03/17/95 


94CSE 


1336 


Nesnow 


03/15/95 


94CSE 


1338 


Nesnow 


03/15/95 


94 CSE 


1339 


Becton 


03/15/95 


94 CSE 


1340 


Becton 


03/15/95 


94 CSE 


1342 


Chess 


05/22/95 


94 CSE 


1343 


Chess 


04/20/95 


94 CSE 


1345 


Mann 


03/21/95 


94 CSE 


1346 


Mann 


03/21/95 


94 CSE 


1348 


Gray 


03/15/95 


94 CSE 


1350 


Morrison 


03/02/95 


94 CSE 


1351 


Morrison 


03/15/95 


94 CSE 


1352 


Reilly 


03/03/95 


94 CSE 


1354 


West 


03/17/95 


94 CSE 


1355 


West 


03/17/95 


94 CSE 


1357 


Nesnow 


03/15/95 


94 CSE 


1359 


Becton 


03/15/95 


94 CSE 


1369 


Mann 


05/02/95 


94 CSE 


1370 


Mann 


03/07/95 


94 CSE 


1371 


Mann 


03/21/95 


94 CSE 


1373 


Gray 


03/15/95 


94 CSE 


1377 


Mann 


03/31/95 


94 CSE 


1378 


Morrison 


03/15/95 


94 CSE 


1379 


Reilly 


03/15/95 


94 CSE 


1382 


West 


03/17/95 


94 CSE 


1385 


Nesnow 


03/03/95 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 


1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 


94 CSE 


1396 


Nesnow 


03/03/95 


94 CSE 


1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1416 


Morrison 


03/21/95 


94 CSE 


1417 


Morrison 


03/21/95 


94 CSE 


1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 


1425 


West 


03/31/95 


94 CSE 


1426 


West 


03/31/95 


94 CSE 


1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 


1430 


Nesnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1435 


Becton 


03/06/95 


94 CSE 


1436 


Becton 


03/06/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 


1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 


1456 


Nesnow 


04/17/95 


94 CSE 


1457 


Nesnow 


04/28/95 


94 CSE 


1459 


Becton 


03/06/95 


94 CSE 


1460 


Becton 


04/07/95 


94 CSE 


1461 


Becton 


04/07/95 


94 CSE 


1462 


Becton 


04/07/95 


94 CSE 


1463 


Becton 


04/07/95 


94 CSE 


1470 


Mann 


03/31/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



404 



CONTESTED CASE DECISIONS 



AGENCY 



Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Noms Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadsion v. Depanment of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O, Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, III v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department o( Human Resources 

Louis Cragg 111 v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Ward F Miller v. Department of Human Resources 

Joel P. Roth V. Department of Human Resources 

Alward T. Wanen v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis V- Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Willie A. Harris v. Department ot Human Resources 

Walter T. Townsend Jr. v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Rodenck QJell Adams v. Department of Human Resources 

Jonathan L. Payne 11 v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridgett v. Department of Human Resources 

John Kimmons v. Department of Human Resources 

Randolph J. Nunn v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Anthony Harrison v. Department of Human Resources 

Michael D. Tyree v. Department of Human Resources 

Edward Fisher v. Department of Human Resources 

Bernard Cooper v. Department of Human Resources 

William Gray v. Department of Human Resources 

Jimmy R. Jackson v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 


1475 


Gray 


05/19/95 


94 CSE 


1476 


Morrison 


03/21/95 


94 CSE 


1477 


Morrison 


03/02/95 


94 CSE 


1478 


Morrison 


03/02/95 


94 CSE 


1479 


Morrison 


03/21/95 


94 CSE 


1480 


Reilly 


04/10/95 


94 CSE 


1482 


ReiUy 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1486 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 


94 CSE 


1489 


Becion 


03/07/95 


94 CSE 


1491 


Becton 


03/07/95 


94 CSE 


1492 


Becton 


04/07/95 


94 CSE 


1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94 CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 


1512 


Gray 


04/07/95 


94 CSE 


1513 


Gray 


04/28/95 


94 CSE 


1533 


Morrison 


03/02/95 


94 CSE 


1534 


Morrison 


04/06/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


Reilly 


03/07/95 


94 CSE 


1541 


Reilly 


03/07/95 


94 CSE 


1542 


Reilly 


04/10/95 


94 CSE 


1543 


Wesi 


03/06/95 


94 CSE 


1548 


West 


05/22/95 


94 CSE 


1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Becton 


03/07/95 


94 CSE 


1555 


Beeton 


03/07/95 


94 CSE 


1562 


Becton 


04/07/95 


94 CSE 


1563 


Becton 


04/07/95 


94 CSE 


1564 


Becton 


05/22/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1587 


Gray 


04/28/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Momson 


04/06/95 


94 CSE 


1594 


Reilly 


04/21/95 


94 CSE 


1595 


West 


05/08/95 


94 CSE 


1596 


Nesnow 


04/17/95 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Mann 


03/13/95 


94 CSE 


1615 


Becion 


04/07/95 


94 CSE 


1619 


Becion 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1623 


Nesnow 


04/17/95 


94 CSE 


1645 


Becton 


04/25/95 


94 CSE 


1648 


Gray 


03/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



405 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CONTESTED CASE DECISIONS 



AGENCY 

Mark A. Jones v. Department of Human Resources 
Ondino Damola Freilas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v- Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Hams Jr. v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Paul R. Ross V. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
Clarence O. Hilliard v- Department of Human Resources 

Distribution Child Support 
Lisa J. Hill V. DHR, Div. of Social Svcs., Child Support Enf. Section 

Rockingham County Department of Social Services 
Crjstean Fields v. Rockingham County DSS 

Wake Count\ Social Services 



CASE 




DATE OF 


NUMBER 


M4 


DECISION 


94 CSE 


1649 


Morrison 


03/07/95 


94CSE 


1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 


1652*^ 


Reilly 


05/16/95 


94 CSE 


1653 


Beclon 


04/07/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 


1702 


Becton 


04/07/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1778 


West 


03/06/95 


94 CSE 


1798 


Gray 


04/27/95 


94 CSE 


1799*' 


Gray 


05/31/95 


94 CSE 


1814 


Morrison 


04/27/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 01 16 


Mann 


05/25/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0371 


Reilly 


05/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



95 DCS 0239 



95 DHR 0316 



Phipps 



Reilly 



05/02/95 



06/01/95 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Craig Glenn 

INSURANCE 



94 DHR 1618 



Chess 



05/03/95 



94 INS 1639 

95 INS 0143 



94 DOJ 1825 



Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 
Billy Gene Campbell v. Department of Insurance 

JUSTICE 

Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 

Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Pur\'is 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 

Education and Training Standards Division 



Ricky Dale McDcvitt v. Sheriffs Ed. & Training Slds. Comm. 94 DOJ 1710 

Neivm Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm, 95 DOJ 0029 
Constance F. Lawrence v Sherift^s Ed, & Training Stds. Comm. 95 DOJ 0076 



Chess 
Reilly 



Reilly 



05/24/95 
04/20/95 



94 DOJ 1000 


Chess 


94 DOJ 1064 


Chess 


94 DOJ 1635 


Reilly 


94 DOJ 1823 


Reilly 


95 DOJ 0018 


Chess 


95 DOJ 0133 


Chess 


95 DOJ 0420 


Morrison 



03/09/95 



03/03/95 
02/24/95 
03/09/95 
03/09/95 
05/15/95 
05/09/95 
05/24/95 



Nesnow 


05/04/95 


10:5 NCR 


324 


Reilly 


05/16/95 






Morrison 


04/06/95 







10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



406 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
>nJMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



LABOR 

Occupational Safety & Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 
Wage and Hour Division 

R.J. Scott. Pres- Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 
PUBLIC INSTRUCTION 

Glenn 11, on behalf of Glenn n, and Glenn 11, Individually v. Charlotte- 
Mecklenburg County Schools 

S.M. on Behalf of J. A.M.. and S.M.. Individually, and J.M. v. Davie 
County Board of Education 

William Hewelt v. Slate Board of Education 

James Midgelte v. Slate Board of Education 

Deborah R. Crouse v. State Board of Education 

Bobby G. Little v. Department of Public Instruction 

Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 

Kenneth G.H. Leftwich v. State Board of Education 

STATE PERSON>JEL 

Caswell County Health Department 

Julie R. Johnson v. Caswell County Health Department 

Department of Commerce 

T, Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease. Jr. v. Department of Correction 

Ruth Kearney v. Department of Correction 

Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 

FayetteviUe State University 

George Benstead v. FayetteviUe State University 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

Eugene Hightower, Jr. v. Department of Human Resources. EEO 
Rebecca Johnson v. Human Resources, Special Care Center 

Cherry Hospital 
William H. Cooke v. DHR, Cherry Hospital 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 



95 DOL 0218 



94 OSP 0865 



94 OSP 0775 



95 OSP 0188 



94 OSP 1597 



94 OSP 0499 



94 OSP 1811 

95 OSP 0138 



93 OSP 1547 



94 OSP 0770 



Nesnow 



94 DOL 1524 West 



93 EDC 0549 


Chess 


93 EDC 0742 


Phipps 


94 EDC 0533 


Gray 


94 EDC 1401 


Reilly 


95 EDC 0003 


Chess 


95 EDC 0168 


Phipps 


95 EDC 0225 


Mann 


95 EDC 0405 


Nesnow 



Reilly 



West 



Nesnow 



Ne«now 



Che 



West 
West 



Gray 



West 



05/01/95 



03/23/95 



03/16/95 

05/30/95 

03/31/95 
05/02/95 
04/10/95 
03/20/95 
05/15/95 
05/25/95 



03/15/95 



05/25/95 



94 OSP 0121 


West 


03/09/95 


94 OSP 0332 


West 


05/15/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 0644 


Gray 


04/19/95 


94 OSP 1807 


Becton 


03/13/95 



03/20/95 



04/04/95 



03/24/95 



05/04/95 
03/31/95 



03/16/95 



05/24/95 



10:2 NCR 179 



407 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Iredell County Department of Social Services 

Vernon E. Grosee v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 



94 DSP 0282 
94 OSP 0739 



Becton 

Chess 



Lee-Bamett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 



Julie Dyer v. Lee-Hamett Area MH/DD/SA Authority 

North Carolina State University 

David L. Bauer v. North Carolina State University 
Billy Ray Kelly v. NCSU Physical Plant 

Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chalham Mental Health 

Department of Transportation 

Michael E. Komegay v. Department of Transportation 
Robert F. Coins v. Department of Transportation 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 

UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



94 OSP 0750 



95 OSP 0044 
95 OSP 0130 



95 OSP 0162 



93 OSP 1700 

94 OSP 0281 



94 OSP 0800 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



Gray 



Morrison 
West 



West 



Gray 
Chess 



Nesnow 



Becton 
Morrison 



Nesnow 



03/09/95 
03/01/95 



03/20/95 



04/25/95 
03/22/95 



04/11/95 



03/24/95 
05/30/95 



05/25/95 



03/14/95 
05/11/95 



04/28/95 



10;01 NCR 48 



10:4 NCR 287 



John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys 91 DST 1093 Nesnow 05/04/95 

Channie S. Chapman v. Bd/Trustees//NC Local Gov. Emp. Ret Sys. 94 DST 0443 Momson 05/15/95 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



408 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF BRUNSWICK 



IN THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

92 DHR 1697 



CHARLES M. ERWIN, 
Petitioner, 

vs. 

N.C. DEPARTMENT OF HLnVlAN RESOURCES 
DIVISION OF FACILITY SERVICES, 
OmCE OF EMERGENCY MEDICAL SERVICES, 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before Administrative Law Judge Sammie Chess, Jr., on November 17 and 18, 1994, in 
Burgaw, North Carolina. The evidentiary hearing closed on November 18, 1994. The parties' attorneys of record were 
ordered to file proposed findings of fact, conclusions of law and recommended decision on or before April 7, 1995. 



For Petitioner: 



For Respondent: 



APPEARANCES 

William R. Shell 

Attorney at Law 

Post Office Box 382 

Wilmington, North Carolina 28402-0382 

June S. Ferrell 

Assistant Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

ISSUE 

Whether Dr. Harry Johnson prejudiced Petitioner's rights, in that he: 

(1) exceeded his authority or jurisdiction; 

(2) acted erroneously, 

(3) failed to use proper procedure; 

(4) acted arbitrarily or capriciously; or 

(5) failed to act as required by law or rule in suspending Petitioner's EMT-I certification in violation 
of Article 1, Section 19, of the North Carolina Constitution. 

Whether the Respondent, in revoking Petitioner's certification: 

(1) exceeded its authority or jurisdiction? 

(2) acted erroneously? 

(3) failed to use proper procedure? 

(4) acted arbitrarily or capriciously? or 

(5) failed to act as required by law or rule in violation of Article 1, Section 19, of the North Carolina 
Constitution? 



409 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CONTESTED CASE DECISIONS 



STIPULATIONS 

On the 17th day of November, 1992, the parties filed a Prehearing Order which contained, inter alia , the following 
stipulations: 

1. It is stipulated that all parties are properly before the Court and the Court has jurisdiction of the parties. 

2. It is stipulated that all parties have been correctly designated, that there is no question as to misjoinder or 
nonjoinder of the parties. 

3. On May 27, 1992. Petitioner's EMT-I privileges in Brunswick County were suspended by Dr. Harry 
Johnson. 

4. On August 24, 1992, Dr. Harry Johnson gave notice to Petitioner that he was recommending to OEMS 
that it permanently revoke Petitioner's EMT-I certification. 

5. On September 29, 1992, OEMS gave Petitioner notice that it was revoking his North Carolina EMT 
certification based on Petitioner having performed a skill or procedure which is not within the scope and 
responsibility of his certification, based on 10 NCAC 3D. .1401(b)(5). 

6. On November 6, 1992, OEMS issued its final notice of the revocation of Petitioner's North Carolina EMT 
certification. 

7. Petitioner filed his Petition for a Contested Case Hearing on November 30, 1992. 

FINDINGS OF FACT 

1 . The Office of Administrative Hearings has jurisdiction over the parties and subject matter of this contested 
case pursuant to Chapters 131E and 150B of the North Carolina General Statutes. 

2. The Respondent's decision to revoke the basic EMT certification of Petitioner, Charles Marty Erwin, was 
based primarily on allegations, and Petitioner's admission, that on or about June 8, 1992, he performed an IV "stick" after 
being ordered to do so by Warren Brown, then the Chief of the Leland Rescue Squad. 

3. TTie other reason given for the revocation of Petitioner's EMT certification was due to an alleged IV "stick" 
on a patient named Debbie Norris on July 26, 1992. 

4. As to the June 8, 1992 IV "stick," Petitioner was commanded in very strong language to do so by the 
Chief of the Rescue Squad, even after Petitioner informed him that his. Petitioner's, EMT certification had been revoked. 

5. Petitioner had vast experience in performing IV sticks. 

6. From the evidence. Petitioner was the most qualified member of the Leland Rescue Squad at performing 
IV "sticks." 

7. Petitioner was the envy of many members of the squad because of the number of IV "sticks" he had 
performed and the experience and expertise he had developed. 

8. Petitioner developed the expertise by volunteering to do extra "ride along time," so that he could receive 
more on the job training, performing "sticks." 

9. Dr. Harry Johnson was the Medical Director of the EMS system in Brunswick County. 

10. The EMS system in Brunswick County was under scrutiny from the North Carolina Department of Human 
Resources. 

11. The EMS Program in Brunswick County was not meeting its obligations to the county or to the students 



10:6 NORTH CAROLINA REGISTER June 15, 1995 410 



CONTESTED CASE DECISIONS 



in that the students were not given the supervision or training called for by the state rules and regulations. 

12. Record keeping for continuing education was grossly deficient. 

13. The State of North Carolina conducted an investigation into the EMT-I Program, wliich lead to a voluntary 
suspension of the EMT-I Program on or about July, 1992, by Dr. Johnson. 

14. Respondent would have begun the process to revoke the certification of the Brunswick County EMT-I 
program, if the voluntary suspension had not been agreed to by Dr. Johnson. 

15. There was factionalism among various groups within the Rescue Squad. 

16. Petitioner and his parents, who are also members of the Leiand Rescue Squad, demanded that the squad 
be run according to the Constitution and by-laws of the squad. 

17. Terri Davis, a captain with the squad, and Warren Brown, also with the Leiand Rescue Squad, wanted 
Petitioner and his parents off the squad. Warren Brown was the brother-in-law of Petitioner. 

18. In December 1992, Petitioner received an award as the Rescue Squad Person of the Year. 

19. It was Petitioner's volume of work that caused some friction among some other members of the squad. 

20. The evidence of his skill and professionalism was overwhelming. 

21. Petitioner was certified as an EMT-I in October 1991. 

22. It was his aim to use his experience to become a full-time paramedic on an employed basis. 

23. Petitioner and his mother lived near the Leiand Rescue Squad and ran most of the day time calls. 

24. When Petitioner passed his certification exam, he had to undergo an oral examination by a panel on which 
Dr. Johnson sat, and Petitioner passed. 

25. Petitioner's certification was initially revoked by Dr. Johnson because Petitioner allegedly did not meet his 
continuing education requirements. 

26. The Court finds as a fact that the attempt to suspend Petitioner's certification had nothing to do with 
competence. 

27. In the spring of 1992, Dr. Johnson approached Mr. Davis, the coordinator for training for the EMT 
Program at the Brunswick Community College, and told him that there were persons who were mad at Petitioner because 
he was getting too many "IV sticks." Dr. Johnson asked Mr. Davis to see if there was some way that they could revoke 
Petitioner's certification. Mr. Davis replied that there might be some deficiencies in Petitioner's continuing education. 

28. From the evidence presented at the hearing. Petitioner had about thirty hours of continuing education credits 
in the spring of 1991 and was only required to have forty-eight hours within a year. Petitioner was well on the way, even 
by Respondent's evidence. 

29. None of the other members of the rescue squad completed the continuing education requirements, and there 
is no evidence that any approached or exceeded the hours Petitioner had completed. Nevertheless, Petitioner was the only 
person whose certification was suspended. 

30. It was not Petitioner's fault that a proper record of the continuing education training was not documented 
by the director, Mr. Davis. 

31. Mr. Davis was not keeping any records and was in no position to determine whether Petitioner had 
deficiencies. 



411 NORTH CAROLINA REGISTER June 15, 1995 10:6 



CONTESTED CASE DECISIONS 



32. When Mr. Davis reported back to Dr. Johnson, he was ordered by Dr. Johnson to write a letter to 
Petitioner which suspended his EMT-I certification. 

33. This was only a local suspension within Brunswick County and was done by the Medical Director. 

34. The State of North Carolina had nothing to do with the county suspension ordered by Dr. Johnson. 

35. According to Respondent's witness, the only avenue for appeal was the Audit Review Committee. 

36. Dr. Johnson was present and had input when the Audit Review Committee considered Dr. Johnson's 
recommendation to suspend Petitioner's certification. Petitioner was not permitted to be present at the hearing. 

37. The first IV stick by Petitioner, after his purported certification suspension by Dr. Johnson, occurred on 
June 8, 1992. 

38. On and before May 27, 1992, Petitioner had established successfully many intravenous (IV) lines in 
patients. 

39. On and before May 27, 1992, the date Petitioner's EMT-I certification was suspended. Petitioner had 
demonstrated that he was one of the more proficient, if not the most proficient member of the Leland Volunteer Rescue 
Squad in establishing IV lines in patients, this included his supervisors. 

40. The IV stick of June 8, 1992, which Petitioner admits, involved starting an IV on a man who had been 
involved in a life threatening vehicular accident. 

41. The patient was driving a tractor trailer truck that was involved in an accident. 

42. The patient was trapped under the cab of the truck. 

43. The patient had sustained serious injuries. 

44. Responding to the call were Petitioner, Warren Brown, Donald Carter and Denise Pritchard. who only 
had an AA license. 

45. At this time. Petitioner's EMT-I license was purportedly suspended by Dr. Johnson. 

46. Warren Brown, the Chief of the Leland Rescue Squad, either could not or would not start an IV on the 
patient and ordered Petitioner to do it. 

47. The patient was delirious and had to be held down by David Carter, one of the other persons on the 
ambulance. 

48. Petitioner told the Chief, his supervisor, that he could not do the IV stick because of the suspension by 
Dr. Johnson. 

49. At that point, Warren Brown ordered Petitioner to do it by saying to him, "Damn it, boy, I said start the 
IV. I know you can do it, David said he can't do it. We got to have the line. The man needs to live." 

50. Warren Brown told Petitioner to start the line and he, Warren Brown, would "sign off as if he did it." 

51. The sequence of events was completely corroborated by the other two persons on the ambulance. 

52. Under these life threatening conditions, and orders from his Chief, Petitioner started the IV line. 

53. Petitioner has never denied starting the IV line under these circumstances. 

54. Petitioner denies starting an IV line on July 26, 1992. 



10:6 NORTH CAROLINA REGISTER June 15, 1995 412 



CONTESTED CASE DECISIONS 



1992. 



55. The overwhelming evidence indicates that Petitioner did not start an IV line on Debbie Norris on July 26, 

56. Respondent has not carried that burden of proof that Petitioner started the IV line on July 26, 1992. 

57. Even if he had, the Court finds that his EMT-I certification was still in effect at all times in question. 

CONCLUSIONS OF LAW 

1. Dr. Johnson exceeded his authority, acted erroneously, failed to use proper procedure, acted arbitrarily and 
failed to act as required by law or rule, in suspending Petitioner's EMT-I certification, in violation of Article I Section 19 
of the North Carolina Constitution. 

2. As to the suspension on May 27, 1992, Petitioner had a right to an adequate and fair hearing. Due process 
requires it. Eason v\ Spence 232 N.C. 579, 61 S.E. 2d 717. As to procedure, due process means notice and opportunity 
to be heard and to defend in an orderly proceeding adapted to the nature of the case before a competent and impartial tribunal 
having jurisdiction of the cause State v\ Smith 265 NC 173, 143 S.E. 2d 293. Petitioner was not accorded these rights. 
Dr. Johnson was not impartial. He was the principal witness against Petitioner, yet he participated in the hearing while 
Petitioner was excluded. As to the May 27, 1992 suspension, Petitioner is entitled to equal protection under the law. 
Article I Section 19 of the North Carolina Constitution. S^ Kresge v^ Davis , 277 NC 654, 178 S.E. 2d 384. (There was 
no rational reason why Petitioner's certification should have been suspended for educational deficiencies, while no one else 
was suspended. The record shows that Petitioner had at least thirty (30) hours over a short period of time and had lots of 
time left before the year ended). 

3. Respondent acted erroneously, failed to use proper procedure, acted arbitrarily and failed to act as required 
by law or rule, in revoking Petitioner's EMT certification on September 29, 1992. Since there was no reason for 
Petitioner's EMT-I certification to be suspended and it was never properly suspended, his certification was valid at the time 
he performed the IV stick or sticks. Therefore, Respondent's revocation is without foundation. 

4. Petitioner was denied procedural and substantive due process. Due process has a dual significance, as it 
pertains to procedure and substantive law. In re Moore , 289 NC 95, 221 S.E. 2d 307. 

RECOMMENDATION 

It is hereby recommended that the Director, of the Division of Facility Services, Department of Human Resources, 
declare null and void the purported suspension and revocation of Petitioner's EMT-I and EMT certification, respectively. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the 
final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36fb) to serve a copy of the final decision on all parties and to furnish a 
copy to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Department of Human Resources. 

This the 16th day of May, 1995. 



Sammie Chess, Jr. 
Administrative Law Judge 



413 NORTH CAROLINA REGISTER June 15, 1995 10:6 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF LINCOLN 



IN THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

94 EHR 0950 



CONCRETE SUPPLY COMPANY, 
Petitioner, 



NORTH CAROLINA DEPARTMENT 
OF ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES, 
Respondent. 



RECOMMENDED DECISION 

ALLOWING PETITIONER'S MOTION 

FOR SUMMARY JUDGMENT 



THIS MATTER came before the Office of Administrative Hearings on the Motion To Dismiss of Petitioner, 
Concrete Supply Company. Both parties filed memoranda, and a telephonic hearing was held on February 13, 1995. Based 
on the memoranda and the arguments made during the hearing, I issue the following Recommended Decision: 

UNDISPUTED FACTS " 

Petitioner operates facilities located in Lincolnton, North Carolina, and Denver, North Carolina, both of which are 
in Lincoln County. Air permits have been issued for both facilities. On February 20, 1989, Petitioner was issued Air Permit 
No- 6451 for its plant in Lincolnton. On February 6, 1991. Petitioner was issued Air Permit No. 6951 for its plant in 
Denver. Both permits set specific limitations for visible emissions based on opacity readings. Both permits also contain 
general provisions requiring that the "facility shall be properly operated and maintained at all times in a manner that will 
effect an overall reduction in air pollution." These permits were in effect during all relevant times. 

On September 24, 1993, an inspector for Respondent, North Carolina Department of Environment, Health and 
Natural Resources, conducted an inspection of the Denver facility. According to the civil penalty assessment, the inspector 
"observed visible emissions ... in excess of 50 percent opacity for approximately 5 minutes." On October 8, 1993, a 
Notice of Violation was sent to Petitioner "for operation of the bagfilter in a manner inconsistent with Air Permit No. 6951." 

The insp)ector conducted a follow-up inspection of the Denver facility on December 9, 1993. During that inspection, 
the inspector "observed significant amounts of dust being emitted from the baghouse." On December 17, 1993, a Notice 
of Violation was sent to Petitioner "for operation of the bagfilter in a manner inconsistent with the Air Permit No. 6951." 

The same inspector conducted an inspection of the Lincolnton facility on November 23, 1993. During that 
inspection, the inspector "observed visible emissions . . between 15-25 percent for approximately 15 minutes." On 
November 30, 1993, a Notice of Violation was sent to Petitioner "for operation of the bagfilter In a manner not in accordance 
with the Air Permit No. 6451." 

On August 3, 1994, Respondent issued a civil penalty assessment citing the above-stated facts. The Director of the 
Division of Environmental Management concluded that the cited facts amounted to violations of Petitioner's air permits. 
The Director assessed penalties of $2,000 for the alleged violation of Air Permit No. 6951 and $1,000 for the alleged 
violation of Air Permit No. 6451. The Director also assessed inspection costs of $620.85. 



* The undisputed facts come from Respondent's Civil Penalty Assessment, the Air Quality Action Request form 
completed by Respondent's inspector. Petitioner's two air permits, and related correspondence from Re.spondent to 
Petitioner. All such documents were attached to and made a part of Petitioner's Motion. 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



414 



CONTESTED CASE DECISIONS 



LEGAL ANALYSIS 

The civil penalty assessment alleges two separate violations of Air Permit No. 6951. The first alleged violation is 
based on a claim of "visible emissions ... in excess of 50 percent opacity for approximately 5 minutes. " It is alleged that 
this situation violated Condition B.6. of the permit which requires the facility to be "properly operated and maintained . . 
. to effect an overall reduction in air pwllution." However, Air Permit No. 6951 provides that "6-niinute periods averaging 
not more than 87 percent opacity may occur not more than once in any hour . . . . " Thus, Petitioner's emissions were within 
the specific opacity limits set by the permit. Because the alleged "misconduct" is specifically allowed by the permit, it cannot 
be the basis for a penalty assessment. 

The second alleged violation of Air Permit No. 6951 is based on a claim that "specific amounts of dust [were] being 
emitted from the baghouse." No time frame was given. Again, it is alleged that this situation violated Condition B.6. of 
the permit. However, Air Permit No. 6951 allows Petitioner to emit dust unless the opacity exceeds 20 percent over a 6- 
minute period. In addition, "[s]ix-minute periods averaging not more than 87 percent opacity may occur not more than once 
in any hour. " The civil penalty assessment does not state whether the emissions exceeded 87 percent opacity for two 6- 
minute periods or whether they even exceeded 20 percent opacity. This alleged violation cannot stand because Respondent's 
own findings of fact do not support a violation of the specific permit condition which limits emissions of dust. 

The civil penalty assessment also alleges a violation of Air Permit No. 6451 on the basis of "visible emissions from 
the bagfilter . . . between 15-25 jjercent for approximately 15 minutes." This was alleged to violate Condition B.4. of Air 
Permit No. 6451, which provides that "[t]he facility shall be properly operated and maintained at all times in such a manner 
to effect an overall reduction in air pollution." However, Air Permit No. 6451 specifically provides that "air emission 
sources shall not be more than 20 percent opacity when averaged over a 6-minute period." Respondent's evidence simply 
does not demonstrate that Petitioner exceeded its allowed 20 percent opacity. Therefore, this alleged violation is not 
supported by the undisputed facts in the case. 

A further reason for recommending the dismissal of this alleged violation is stated in the inspector's Air Quality 
Action Request. That document indicates that the inspector had problems determining the actual opacity reading and thus 
had to estimate an opacity. Respondent cannot assess a penalty based upon an estimated number that may or may not exceed 
the number allowed under the permit. 

In assessing its penalties. Respondent relied upon a general provision in the permit which states that the "facility 
shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. " By 
doing so. Respondent has circumvented the specific emissions limits provided for in Petitioner's air permits. 

The best analogy to the present situation can be taken from Occupational Safety and Health law. Under such law, 
the Occupational Safety and Health Administration (OSHA) establishes "specific standards" that address specific safety or 
health issues. There is also a "general duty clause." The general duty clause provides that "[e]ach employer shall furnish 
to each of his employees employment in a place of employment which are free from recognized hazards . . . . " In a long 
line of cases, the OSHA Review Commission has established the principle that 

[c]iting a Respondent under the general duty requirement of the Act is not appropriate where there exists 
a specific occupational safety and health standard concerning the conduct at issue. 

Sun Shipbuilding and Drydock Co. . 1973-74 (OSHD § 16725 (Rev. Comm. 1973)). The Review Commission's decision 
was based upon the logic of the United States Supreme Court's decision in Fourco Glass Co. y^ Trans mi rra Products Corp. , 
353 U.S. 222 (1957). 

In Sherwood Medical Industries, Inc. , 1981 OSHDA § 25191 (AU 1981), OSHA cited the employer for "exposing 
employees to excessive levels of ethylene oxide. " TTie citation was issued under the general duty clause rather than under 
the specific ethylene oxide standard, apparently because the exposure did not exceed that allowed by the specific standard. 
The citation was dismissed because 

[a] general duty charge of exposing employees to excessive levels of ethylene oxide during the unloading 
of sterilizer units was vacated on grounds that § 1910.1000 contains a specific standard for ETO, and the 
8-hour [time-weighted average] limit of 50 PPM was not exceeded. 

See also Phelps Dodge Corp. , 1981 OSHD § 25,050 (ALI Dec. 1980) (a general duty charge of exposing maintenance 
415 NORTH CAROLINA REGISTER June 15, 1995 10:6 



CONTESTED CASE DECISIONS 



employees to massive amounts of sulphur dioxide for relatively short periods of time while working in electrostatic 
precipitators in a copper smelter was vacated because there was a specific standard covering employee exposure to the 
chemical). 

As the cited OSHA cases demonstrate, a regulatory agency cannot be allowed to bypass specific standards — or 
emissions limitations — and rely upon general provisions. Although OSHA decisions are not binding on this tribunal, the logic 
of the OSHA cases is persuasive. To allow Respondent to ignore a company's compliance with specific emission limitations 
and cite that company under a general-duty-type provision would effectively render the specific provision meaningless. 

WHEREFORE, IT IS HEREBY RECOMMENDED that for the above-stated reasons, the Petitioner's Motion For 
Summary Judgment be granted and the Civil Penalty Assessment be dismissed. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36{b) to serve a copy of the final decision on all parties and to furnish a copy 
of the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that wLU make the final decision in this contested case is the North Carolina Department of Environment, 
Health, and Natural Resources. 

Dated this the 22nd day of May, 1995. 



Beecher R. Gray 
Administrative Law Judge 



10:6 NORTH CAROLINA REGISTER June 15, 1995 416 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF BRUNS\MCK 



IN THE OFHCE OF 

ADMINISTRATrVE HEARINGS 

95 ABC 0224 



LEGWIN Z. WILLIAMS 
VILLAGE MART U 

Petitioner, 

V. 

ALCOHOL BEVTRAGE CONTROL 
CONEVnSSION 

Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing before Administrative Law Judge Dolores O. Nesnow on May 11, 1995, in 
Burgaw, North Carolina. 



APPEARANCES 



Petitioner: 



Respondent: 



Legwin Williams 
Village Mart 11 
Pro se. 

Glenn B. Lassiter, Jr. 
Deputy General Counsel 
ABC Commission 
Attorney for Respondent. 

ISSLTS 

1. Did Respondent err in disapproving Petitioner's application for off-premise beer, unfortified and fortified 

wine, ABC permits based on; 

(a) Local government objection and 

(b) Business would be detrimental to the neighborhood. 

STATUTES AND RULES IN ISSUE 

N.C. Gen. Stat. 18B-901(c)(l) 
N.C. Gen. Stat. 18B-901(c){8) 

Based upon consideration of the evidence presented at this hearing, the documents and pleadings filed in this matter, 
and all other relevant and admissible evidence, the undersigned makes the following: 

FINDINGS OF FACT 

1. Petitioner applied for ABC permits for off-premises beer, unfortified wine, and fortified wine in 
approximately December of 1994. 

2. Petitioner operates a Convenience Store in Vamamtown, North Carolina. 

3. Petitioner was given a temporary license and has been selling alcoholic beverages under this permit. 

4. Alcohol Law lEnforcement (ALE) Officer Diane Jenski investigated the apphcation and submitted her report 
to the ABC Commission on February 6, 1995. 



417 



XORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CONTESTED CASE DECISIONS 



5. Agent Jenski found the Petitioner's background to be suitable for an ABC permit. 

6. In accordance with N.C.G.S. 18B-901, Agent Jenski submitted to the local government an opinion form 
known as the "Double O-One Form" (001). 

7. The Vamamtown Board of Alderman (Board) has designated George Swain, the Mayor Pro Tem, to be 
the local government designee. 

8. While the Board had no objection to Petitioner, they filed a local government objection based on the Village 
Mart n location. 

9. Mr. Swain filled out the form on behalf of the Board and noted that the location was residential and has 
four residences within 45 feet of the location. The location, he said, is also too close to a church. He also stated that the 
hours of sale, which attract teenage patrons, is not respectful of the church. 

10. Vamamtown does not have a police department, nor does it have zoning laws. 

1 1 . Agent Jenski also received a letter from Reverend Worley of the Gospel Center Baptist Church which is 
directly across the street from the store. Reverend Worley expressed his objection to the issuance of the permits. 

12. On February 20, 1995, the ABC Commission rejected the applications because of local government 
objection. 

13. The establishment has had temporary permits since December 1, 1994 for the sale of off-premises beer, 
off-premises fortified wine and unfortified wine. Agent Jenski knows of no police calls or disturbances. 

14. Vamamtown is located in Brunswick County, which is not a "dry" county." 

15. Both Reverend Worley and Mr. Swain testified that if Vamamtown could vote separately from the county, 
the town would vote to be dry. 

16. Mr. Swain testified that the town objects to the location for alcoholic sales and doesn't feel in-town sale 
of alcohol would enhance the lives of the residents of Vamamtown. 

17. The location is one and a half miles from the nearest other store which sells alcoholic beverages. 

18. In Vamamtown there is one restaurant which sells alcoholic beverages. 

19. The location has been a convenience store for 25 years or more. It has never before sold alcohol. 

20. The population of Vamamtown is 425 to 450 residents. 

21. Reverend Worley is the Pastor of the Gospel Center Baptist Church which is 145 feet from the Village Mart 
location. 

22. Reverend Worley testified that there are a lot of young people in Vamamtown and while there are other 
outlets, "the more you have, the more you sell — it's an enticement." 

23. Reverend Worley also testified that he knows that if young people in Vamamtown want alcohol, they will 
get it. But with the store so close, "It'll just be more of an enticement." 

24. Petitioner testified that he was aware that a couple of gentlemen objected to his alcohol permits. Because 
of that, he did not put any alcohol advertisement outside the store and not much inside. He also testified that his employees 
are intelligent and he wouldn't have them if they'd sell to a minor. 

25. N.C. Gen. Stat. 18B-901(c) provides the following: 



10:6 NORTH CAROLINA REGISTER June 15, 1995 418 



CONTESTED CASE DECISIONS 



Factors in Issuing Permit.- Before issuing a permit, the Commission shall be satisfied that 
the applicant is a suitable person to hold an ABC permit and that the location is a suitable 
place to hold the permit for which he has applied. To be a suitable place, the 
estabUshment shall comply with aU applicable building and fire codes. Other factors the 
Commission may consider in determining whether the applicant and the business location 
are suitable are; 

(1) The reputation, character, and criminal record of the applicant; 

(2) The number of places already holding ABC permits within the 
neighborhood; 

(3) Parking facilities and traffic conditions m the neighborhood; 

(4) Kinds of businesses already in the neighborhood; 

(5) Whether the estabUshment is located within 50 feet of a church 
or public school or church school; 

(6) Zoning laws; 

(7) The recommendations of the local govemmg body; and 

(8) Any other evidence that would tend to show whether the 
applicant would comply with the ABC laws and whether operation of 
his business at that location would be detrimental to the neighborhood , 
(emphasis added) 

26. The only objections in G.S. 18B-901(c) which are at issue In this case are the last two. 

Based on the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. G.S. 18B-901(c)(7) provides that the ABC Commission, In determining whether the business location is 
suitable, may consider the "recommendations of the local governing body." 

In the instant case, the local governing body has recommended that the permits not be issued. The reason 
for their recommendation is that there are a lot of young people In their small rural community and the Village Mart is 
centrally located directly across from one of the major churches. 

The location is not, however, "within 50 feet of a church." 

The evidence indicates that an unknown percentage of the population of Vamamtown does not want alcohol 
to be readily and easily available to its young people. 

The use of alcohol has been an issue of great concern to the people of North Carolina historically. It has 

In fact resulted In a great deal of regulation of the industry in this state. Additionally, the General Assembly has provided 
that counties may elect to allow the sale of alcohol or to disallow it. 

In the instant case, the county has voted to allow the sale of alcohol. The local governing body of 
VamamtouTi, however, alleges that the sale of alcohol m its town is disfavored. No provision, however, has been made 
for towns or other municipalities to hold elections separate from their county election. 

It is the undersigned's considered opinion that the statute providing for the consideration of the 
"recommendations of the local governing body" was Intended to permit the Commission to consider negative factors of which 
the local people would be aware and which may not have come to the Commission's attention during its own background 
investigation. TTiose concerns, in the undersigned's opinion, were not intended to be moral issues or value judgments. 

In the instant case it appears that Vamamtown's opposition to the issuance of the permits is based on a 
lifestyle, moral, or value judgement. 

2. It is therefore concluded that the local governing body has not shown the negative factor contemplated by 
G.S. 18B-90I{c){7l. 

3. G.S. 18B-901(c)£8j provides that the Commission, in determining whether the applicant and the business 



419 XORTH CAROLLXA REGISTER June 15, 1995 10:6 



CONTESTED CASE DECISIONS 



location are suitable, may consider any other evidence that would tend to show whether the operation of the business would 
be detrimental to the neighborhood. 

In the instant case, a convenience market has been located at that site for at least 25 years. The presence, 
therefore, of a convenience store is not at issue. It is the addition of alcohol permits which, in Vamamtown's opinion, is 
the added factor which would make the location "detrimental to the neighborhood. " 

No evidence was presented which would show that the store would attract an unsavory clientele if it were 
granted alcohol permits. In fact, the store has been operating with temporary permits since December of 1994 and there 
was no evidence presented to indicate that the neighborhood deteriorated in any way. 

In considering whether the location would be detrimental to the neighborhood, Vamamtown has again 
expressed great concern about having alcohol readily available to its young people in a quiet, rural community. 

4. However, it must be and hereby is concluded that the local governing body has not shown the negative 

factor contemplated by G.S. 18B-901(c)£81. 

Based upon the above Conclusions of Law, the undersigned makes the following 

RECOMMENDATION 

That the ABC Commission issue to the Petitioner the permits for which he applied. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the fmal 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Alcohol Beverage Control Commission. 

This the 31st day of May, 1995. 



Dolores O. Nesnow 
Administrative Law Judge 



10:6 NORTH CAROLINA REGISTER June 15, 1995 420 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. Tfie other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Pubbc Accountant Examiners 


8 


6 


Council of State 


Chiropractic Exammers 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Cnme Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearmg Aid Dealers and Fitters 


22 




Resources 


landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Jomt Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensmg Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursmg Home Admmistrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. CRepealed) 


44 


27 


NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Exammers 


52 






Professional Counselors 


53 






Practicmg Psjchologists 


54 






Professional Engmeers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refngeration Exammers 


60 






Sanitanan Examiners 


62 






Social Work Certification 


63 






Speech & I anguage Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



421 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CUMULATIVE INDEX 





Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 




10:02 NCR 


150 


07/01/95 








.0401 - 


.0402 


10:02 NCR 


150 


07/01/95 






AGRICULTURE 
















2 NCAC 34 


.0904 




10:04 NCR 


228 


08/01/95 






CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 








21 NCAC 08F 


.0105 




10:04 NCR 


255 


08/01/95 








.0113 




10:04 NCR 


255 


08/01/95 






08G 


.0401 




10:04 NCR 


255 


08/01/95 






08J 


.0005 




10:04 NCR 


255 


08/01/95 








.0008 




10:04 NCR 


255 


08/01/95 






08M 


.0102 




10:04 NCR 


255 


08/01/95 








.0104 




10:04 NCR 


255 


08/01/95 








.0306 




10:04 NCR 


255 


08/01/95 








.0401 




10:04 NCR 


255 


08/01/95 






08N 


.0203 




10:04 NCR 


255 


08/01/95 








.0302 




10:04 NCR 


255 


08/01/95 








.0307 




10:04 NCR 


255 


08/01/95 






CHIROPRACTIC EXAMINERS 












21 NCAC 10 


.0203 




10:04 NCR 


261 


08/01/95 






COMMUNITY COLLEGES 












23 NCAC 02C 


.0108 




10:03 NCR 


208 


09/01/95 








.0211 




10:03 NCR 


208 


09/01/95 








.0306 




10:03 NCR 


208 


09/01/95 






COMMERCE 
















4 NCAC 06C 


.0203 




10:05 NCR 


300 


09/01/95 






CORRECTION 
















5 NCAC 05 


.0001 




10:01 NCR 


12 


07/01/95 






CULTURAL RESOURCES 












7 NCAC 02F 


.0002 




10:01 NCR 


12 


07/01/95 






ENVIRONMENT 


HEALTH, AND NATURAL RESOURCES 






15A NCAC 02B 


.0101 
.0104 
.0202 
.0211 
.0301 




10:01 NCR 
10:01 NCR 
10:01 NCR 
10:01 NCR 
10:01 NCR 


13 
13 
13 
13 
13 










.0304 




10:04 NCR 


246 


01/01/96 








.0304 




10:05 NCR 


301 


11/01/95 








.0316 




10:04 NCR 


246 


01/01/96 






02D 


.0520 




10:01 NCR 


13 


07/01/95 


X 


X 




.0531 




10:01 NCR 


13 


07/01/95 


X 


X 




.0902 




10:01 NCR 


13 


07/01/95 


X 


X 




.0909 




10:01 NCR 


13 


07/01/95 


X 


X 




.0952 




10:01 NCR 


13 


07/01/95 


X 


X 




.1402 




10:01 NCR 


13 


07/01/95 


X 


X 




.1406 




10:01 NCR 


13 


07/01/95 


X 


X 




.1409 




10:01 NCR 


13 


07/01/95 


X 


X 




.1701 - 


.1702 


10:01 NCR 


13 


07/01/95 


X 


X 




.1801 - 


.1803 


10:01 NCR 


13 


07/01/95 


X 


X 


NPDES Permit 






10:02 NCR 


56 








04B 


.0028 




10:02 NCR 


149 


07/01/95 






07H 


.0208 




10:03 NCR 


197 


12/01/95 








.2201 - 


.2202 


10:03 NCR 


204 


12/01/95 







Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



422 



CUMULATIVE INDEX 



Agaicy/Rule Citatiou 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Informatioii 


State 


Local 





2203 




2204 - .2205 


lOB 


0115 




0202 - .0203 




0202 




0214 


IOC 


0404 




0407 


lOD 


0002 - .0003 




0003 




0003 


lOF 


0313 




0317 


Wildlife Proclamation/ 


Striped Bass 


13B 


0101 




0103 




0503 




0802 - 0829 




1627 


18a 


2508 




2511 




2516 - .2519 




2521 - .2524 




2526 




2528 - .2535 




2537 




2540 - .2543 


19A 


0401 




0406 




0502 


19C 


0206 


24A 


0404 



FINAL DECISION LETTERS 

Voting Rights Act 



GOVERNOR'S EXECUTIVE ORDERS 

Number 72 
Number 73 
Number 74 
Number 75 
Number 76 
Number 77 
Number 78 



HUMAN RESOURCES 

10 NCAC 03H 0108 - .0109 
.0206 - .0220 
.0306- .0318 
.0407 - .0409 
.0505 - .0507 
.0510- .0517 
.0605 - .0609 
.0705 - .0712 
.0810 - .0812 
.0903 - 0911 

1003 - .1008 
.1105 - .1109 
.1130 - .1136 

11.50 - ,1163 



10:03 NCR 


204 


10:03 NCR 


204 


10:06 NCR 


338 


10:01 NCR 


26 


10:04 NCR 


249 


10:01 NCR 


26 


10:06 NCR 


338 


10:06 NCR 


338 


10:01 NCR 


26 


10:04 NCR 


250 


10:06 NCR 


338 


10:06 NCR 


338 


10:01 NCR 


26 


10:02 NCR 


57 


10:03 NCR 


195 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:06 NCR 


350 


10:05 NCR 


305 


10:06 NCR 


350 


10:01 NCR 


02 


10:03 NCR 


194 


10:05 NCR 


298 


IS 

10:01 NCR 


01 


10:02 NCR 


54 


10:02 NCR 


54 


10:03 NCR 


191 


10:03 NCR 


191 


10:05 NCR 


297 


10:06 NCR 


000 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 


10:02 NCR 


58 



12/01/95 
12/01/95 
10/01/95 
07/01/95 
08/01/95 
07/01/95 
12/01/95 
12/01/95 
07/01/95 
08/01/95 
09.01/95 
10/01/95 
07/01/95 
04/10/95 
04/15/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 



09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 



03/06/95 

03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 



423 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CUMULATIVE INDEX 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 




Local 







.1204 - 


.1208 


10:02 NCR 


58 


09/01/95 






.1210 




10:02 NCR 


58 


09/01/95 






.1306- 


.1308 


10:02 NCR 


58 


09/01/95 






.1405- 


.1406 


10:02 NCR 


58 


09/01/95 






.1408- 


.1410 


10:02 NCR 


58 


09/01/95 






.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 






.1612- 


.1613 


10:02 NCR 


58 


09/01/95 






.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 






.1804- 


.1807 


10:02 NCR 


58 


09/01/95 






.2001 




10:02 NCR 


58 


09/01/95 






.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 






.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 






.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 






.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 






.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 






.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 






.2701 




10:02 NCR 


58 


09/01/95 






.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 






.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 






.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 






.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 






.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 






.3101 - 


.3104 


10:02 NCR 


58 


09/01/95 






.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 






.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 






.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 




18J 


.0803 




10:02 NCR 


118 


07/01/95 




26B 


.0124 




10:02 NCR 


118 


07/01/95 


X 


26H 


.0302 




10:04 NCR 


228 


08/01/95 


X 




.0304 - 


.0305 


10:04 NCR 


228 


08/01/95 


X 




.0308 - 


.0309 


10:04 NCR 


228 


08/01/95 


X 


26H 


.0213 




10:02 NCR 


118 


07/01/95 




41F 


.0706 




10:03 NCR 


196 


08/01/95 






.0812 




10:03 NCR 


196 


08/01/95 




INSURANCE 














11 NCAC 06A 


.0812 




10:04 NCR 


246 


08/01/95 




JUSTICE 














12 NCAC 09A 


.0204 




10:02 NCR 


122 


08/01/95 




09B 


.0113 




10:02 NCR 


122 


08/01/95 






.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 






.0205 - 


.0206 


10:02 NCR 


122 


08/01/95 






.0210 




10:02 NCR 


122 


08/01/95 






.0212 - 


.0214 


10:02 NCR 


122 


08/01/95 






.0226 - 


.0228 


10:02 NCR 


122 


08/01/95 






.0232 - 


.0233 


10:02 NCR 


122 


08/01/95 




09C 


.0401 




10:02 NCR 


122 


08/01/95 






.0601 




10:02 NCR 


122 


08/01/95 




09D 


.0102 




10:02 NCR 


122 


08/01/95 






.0104 - 


.0106 


10:02 NCR 


122 


08/01/95 




11 


.0210 




10:05 NCR 


301 


09/01/95 




LABOR 














13 NCAC 






10:01 NCR 
10:01 NCR 
10:02 NCR 
10:02 NCR 
10:02 NCR 
10:02 NCR 
10:03 NCR 
10:03 NCR 


10 
12 
149 
149 
149 
149 
196 
197 


01/01/96 
01/01/96 
10/01/95 
01/01/96 
01/01/96 
02/01/96 
01/01/96 
01/01/96 




12 


.0101 




10:02 NCR 


142 


08/01/95 





Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



424 





CUMULATIVE INDEX 










Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



21 



21 





.0303 - .0315 


10:02 NCR 


142 


08/01/95 




.0501 - .0502 


10:02 NCR 


142 


08/01/95 




.0803 - .0808 


10:02 NCR 


142 


08/01/95 


OF RULES CODIFIED 












10:02 NCR 


167 








10:04 NCR 


272 




ICAL EXAMINERS 








NCAC 32H 


.0102 


10:02 NCR 


151 


07/01/96 




.0201 


10:02 NCR 


151 


07/01/96 




.0203 


10:02 NCR 


151 


07/01/96 




.0408 


10:02 NCR 


151 


07/01/96 




.0506 


10:02 NCR 


151 


07/01/96 




.0601 


10:02 NCR 


151 


07/01/95 




.0602 


10:02 NCR 


151 


07/01/96 




.0801 


10:02 NCR 


151 


07/01/96 




.1001 


10:02 NCR 


151 


07/01/96 


321 


.0003 - .0004 


10:02 NCR 


151 


07/01/95 


SING HOME ADMINISTRATORS 






NCAC 37 


.0101 


10:04 NCR 


262 


08/01/95 




.0302 


10:03 NCR 


206 


08/01/95 




.0404 


10:03 NCR 


206 


08/01/95 




.0502 


10:03 NCR 


206 


08/01/95 




.0603 


10:03 NCR 


206 


08/01/95 




.0904 


10:04 NCR 


262 


08/01/95 




.0912 


10:03 NCR 


206 


08/01/95 




0914 


10:03 NCR 


206 


08/01/95 



Rules Filed 03/95 
Rules Filed 04/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 



21 NCAC 53 


.0204 - 


.0211 


10:01 NCR 


40 


07/01/95 




,0301 




10:01 NCR 


40 


07/01/95 




.0305 - 


.0310 


10:01 NCR 


40 


07/01/95 




.0403 - 


.0405 


10:01 NCR 


40 


07/01/95 




.0601 - 


.0604 


10:01 NCR 


40 


07/01/95 


REAL ESTATE COMMISSION 








21 NCAC 58 A 


.0110 




10:02 NCR 


157 


07/01/95 




.0403 




10:04 NCR 


263 


08/01/95 




.0503 




10:04 NCR 


263 


08/01/95 




.0504 - 


.0506 


10:02 NCR 


157 


07/01/95 




.0505 




10:04 NCR 


263 


08/01/95 




.1703 




10:02 NCR 


157 


07/01/95 




.1707- 


.1708 


10:02 NCR 


157 


07/01/95 




.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


58E 


.0103 




10:02 NCR 


157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 


157 


07/01/95 




.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 




.0406- 


.0407 


10:02 NCR 


157 


07/01/95 




.0506 




10:02 NCR 


157 


07/01/95 




0515 




10:02 NCR 


157 


07/01/95 


REFRIGERATIC 


>N EXAMINERS 








21 NCAC 60 


.0102 




10:04 NCR 


264 


08/01/95 




.0204 




10:04 NCR 


264 


08/01/95 




.0314 




10:04 NCR 


264 


08/01/95 




.1102 




10:04 NCR 


264 


08/01/95 



425 



NORTH CAROLINA REGISTER 



June 15, 1995 



10:6 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



REVENUE 














Tax Review Board 






10:01 NCR 


03 




SECRETARY OF STATE 








18 NCAC 


06 


.1205- 


.1206 


10:05 NCR 


306 


09/01/95 






.1208 




10:05 NCR 


306 


09/01/95 






.1302- 


.1305 


10:05 NCR 


306 


09/01/95 






.1313 




10:05 NCR 


306 


09/01/95 


STATE PERSONNEL 










25 NCAC 


OIC 


.0207 




10:04 NCR 


264 


08/01/95 






.0402- 


.0408 


10:04 NCR 


264 


08/01/95 




OlD 


.0201 




10:04 NCR 


264 


08/01/95 






.0205 




10:04 NCR 


264 


08/01/95 






.0207 




10:04 NCR 


264 


08/01/95 






.0211 




10:04 NCR 


264 


08/01/95 






.0808 




10:04 NCR 


264 


08/01/95 






.1001 




10:04 NCR 


264 


08/01/95 






.1009 




10:04 NCR 


264 


08/01/95 






.1201 




10:04 NCR 


264 


08/01/95 






.1204 




10:04 NCR 


264 


08/01/95 






.1401 




10:04 NCR 


264 


08/01/95 






.1801 - 


1802 


10:04 NCR 


264 


08/01/95 






.2001 




10:04 NCR 


264 


08/01/95 




OlE 


.0804 




10:04 NCR 


264 


08/01/95 




OIK 


.0312 




10:04 NCR 


264 


08/01/95 


TRANSPOF 

19A NCAC 


ITATI 

02D 


ON 

.0801 




10:04 NCR 


254 


09/01/95 



10:6 



NORTH CAROLINA REGISTER 



June 15, 1995 



426 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 







ONE-TIME 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 15 09 


$28.00 


$40.00 




202 15 34 


$21.00 


$30.00 




202 15 43 


$21.00 


$30.00 




202 1 5 48 


$21.00 


$30.00 




202 1 5 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$125.00 




204 1 5 02 


$12.00 


$40.00 




204 15 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




205 00 00 


$56.00 


$80.00 




205 15 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$495.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25 00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 10 04 


$24.50 


$35.00 




211 1005 


$17.50 


$25.00 




211 10 06 


$28.00 


$40.00 




211 1008 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 1009 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


ritie 


214 00 00 


$31.50 


S45.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


Full Title 


215 00 00 


$276.50 


$395.00 




215 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56,00 


$80.00 




215 15 31 


$35.00 


$50.00 




215 15 32 


$17.50 


$25.00 



Title 1 - Dept. of Administration - Full Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Tide 2 - Dept. of Agriculture - Full TitJe 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 5 - Dept. of Corrections • Full Title 

Division of Prisons 

Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of tfie Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineenng & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Pnvate Protective Services 

Police & Shenff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safetv/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 



Title 15A - Dept. of Environ., 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



Health, & Nat. Resources 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


S21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


S21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 




$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation, Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

TitJe 16 ■ Dept. of Public Instruction - Full TrtJe 

Eiementany' & Secondan/ Education 

Title 17 - Dept. of Revenue - Full Trde 

Taxes on individuals 
Taxes on Business 
Sales Si Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Secunties Division 

Title 19A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

T'rtie 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative Procedures Act • Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 • Independent Agencies - Full Title 

Title 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Tide 

Title 27 - North Carolina State Bar ■ Full Title 

North Carolina Administrative Code - Full Code 

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CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

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Master Table of Contents 

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